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Alexander Ct-SY010504Federal Emergency Management Agency § 64.6 List of eligible communities. The sale of flood insurance pursuant to the National Flood Insurance Pro- gram (42 U.S.C. 4001-4128) is authorized For the communities set forth under this section. Previous listings under this part continue in effect until re- vised. [41 FR 46986, Oct. 25, 1976] EDITORIAL NOTE: For references to FR pages showing lists of eligible communities, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. PART 65 -IDENTIFICATION AND MAPPING OF SPECIAL HAZARD AREAS Sec. 65.1 Purpose of part. 65.2 Definitions. 65.3 Requirement to submit new technical data. 65.4 Right to submit new technical data. 65.5 Revision to special hazard area bound- aries with no change to base flood ele- vation determinations. 65.6 Revision of base flood elevation deter- minations. 65.7 Floodway revisions. 65.8 Review of proposed projects. 65.9 Review and response by the Adminis- trator. 65.10 Mapping of areas protected by levee systems. 65.11 Evaluation of sand dunes in mapping coastal flood hazard areas. 65.12 Revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. 65.13 Mapping and map revisions for areas subject to alluvial fan flooding. 65.14 Remapping of areas for which local flood protection systems no longer pro- vide base flood protection. 65.15 List of communities submitting new technical data. 65.16 Standard Flood Hazard Determination Form and Instructions. §65.17 Review of determinations. AUTHORITY: 42 U.S.C. 4001 et seq.: Reorga- nization Plan No. 3 of 1978. 43 FR 41943. 3 CFR. 1978 Comp.. p. 329: E.O. 12127 of Mar. 31. 1979. 44 FR 19367. 3 CFR. 1979 Comp.. p. 376. § 65.1 Purpose of part. 42 U.S.C. 4104 authorizes the Director to identify and publish information with respect to all areas within the United States having special flood, mudslide (i.e., mudflow) and flood -re- § 65.3 lated erosion hazards. The purpose of this part is to outline the steps a com- munity needs to take in order to assist the Agency's effort in providing up-to- date identification and publication, in the form of the maps described in part 64, on special flood, mudslide (i.e., mudflow) and flood -related erosion haz- ards. [48 FR 28278, June 21, 19831 § 65.2 Definitions. (a) Except as otherwise provided in this part, the definitions set forth in part 59 of this subchapter are applica- ble to this part. (b) For the purpose of this part, a certification by a registered profes- sional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied. Cer- tification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the anal- yses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices to provide pro- tection from the base flood. Certifi- cation of "as built" conditions is a statement that the structure(s) has been built according to the plans being certified, is in place, and is fully func- tioning. (c) For the purposes of this part, "reasonably safe from flooding" means base flood waters will not inundate the land or damage structures to be re- moved from the SFHA and that any subsurface waters related to the base flood will not damage existing or pro- posed buildings. [51 FR 30313, Aug. 25. 1986. as amended at 66 FR 22442. May 4. 20011 §65.3 Requirement to submit new technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flood- ing conditions. As soon as practicable, but not later than six months after the 339 § 65.4 date such information becomes avail- able, a community shall notify the Ad- ministrator of the changes by submit- ting technical or scientific data in ac- cordance with this part. Such a sub- mission is necessary so that upon con- firmation of those physical changes af- fecting flooding conditions, risk pre- mium rates and flood plain manage- ment requirements will be based upon current data. [51 FR 30313. Au,. 25. 19861 §65.4 Right to submit new technical data. (a) A community has a right to re- quest changes to any of the informa- tion shown on an effective map that does not impact flood plain or floodway delineations or base flood elevations, such as community boundary changes, labeling, or planimetric details. Such a submission shall include appropriate supporting documentation in accord- ance with this part and may be sub- mitted at any time. (b) All requests for changes to effec- tive maps, other than those initiatedby FEMA, must be made in writing by the Chief Executive Officer of the commu- nity (CEO) or an official designated by the CEO. Should the CEO refuse to sub- mit such a request on behalf of another party, FEMA will agree to review it only if written evidence is provided in- dieating the CEO or designee lia.., been requested to do so. (c) Requests for changes to effective Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs) are subject to the cost recovery procedures described in 44 CFR part 72. As indicated in part 72, re- visions requested to correct mapping errors or errors in the Flood Insurance Study analysis are not to be subject to the cost -recovery procedures. [51 FR 30313, Aug. 25, 1986, as amended at 57 FR 29038, June 30, 1992; 61 FR 46331, Aug. 30, 1996; 62 FR 5736, Feb. 6. 1997] EDITORIAL NOTE: For references to FR pages showing lists of eligible communities. see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. 44 CFR Ch. 1 (10-1-02 Edition) §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. Sci- entific and technical information to support a request to gain exclusion from an arca of special flood hazard of a structure or parcel of land that has been elevated by the placement of engi- neered earthen fill will include the fol- lowing: (1) A copy of the recorded deed indi- cating 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 infor- rnation indicating existing ground ele- vations and the date of fill. FEMA's de- termination to exclude a legally de- fined 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 par- cel and/or structure from the area of special flood hazard. (4) Written assurance by the partici- pating community that they have com- plied with the appropriate minimum floodplain management requirements under §60.3. This includes the require- ments that: 340 Federal Emergency Management Agency (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 ex- isting or proposed structures to be re- moved 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 de- termination; (iii) The participating community has issued permits for all existing and proposed construction or other devel- opment; and (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 appro- priate minimum floodplain manage- ment requirements under §60.3, of this chapter, the map revision request will be deferred until the community rem- edies 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 "reason- ably safe from flooding," we will proc- ess a revision to the SFHA using the criteria set forth in §65.5(a). The com- munity must maintain on file, and make available upon request by FEMA, all supporting analyses and docu- mentation 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 commu- nity may submit data provided by an authoritative source, such as the U.S. Army Corps of Engineers, U.S. Geologi- cal Survey, Natural Resources Con- servation Service, State and local water resource departments, or tech- nical data prepared and certified by a registered professional engineer. If base flood elevations have not pre- viously been established, we may also request hydrologic and hydraulic cal- culations. § 65.6 (7) A revision of floodplain delinea- tions based on fill must demonstrate that any such fill does not result in a floodway encroachment. (b) New topographic data. A commu- nity may also follow the procedures de- scribed in paragraphs (a)(1) through (6) of this section to request a map revi- sion when no physical changes have oc- curred in the area of special flood haz- ard, 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 reg- istered professional engineer or li- censed land surveyor must certify the items required in paragraphs (a)(3) and (6) and (b) of this section. Such certifi- cations are subject to the provisions under § 65.2. (d) Submission procedures. Submit all requests to the appropriate address serving the community's geographic area or to the FEMA Headquarters Of- fice in Washington. DC. [66 FR 22442, May 4, 2001] §65.6 Revision of base flood elevation determinations. (a) General conditions and data require- ments. (1) The supporting data must in- clude all the information FEMA needs to review and evaluate the request. This may involve the requester's per- forming new hydrologic and hydraulic analysis and delineation of new flood plain boundaries and floodways, as nec- essary. (2) To avoid discontinuities between the revised and unrevised flood data, the necessary hydrologic and hydraulic analyses submitted by the map revi- sion requester must be extensive enough to ensure that a logical transi- tion can be shown between the revised flood elevations, flood plain bound- aries. and floodways and those devel- oped previously for areas not affected by the revision. Unless it is dem- onstrated that it would not be appro- priate, the revised and unrevised base flood elevations must match within one-half foot where such transitions occur. (3) Revisions cannot be made based on the effects of proposed projects or 341 § 65.6 future conditions. Section 65.8 of this subchapter contains provisions for ob- taining conditional approval of pro- posed projects that may effect map changes when they are completed. (4) The datum and date of releveling of benchmarks, if any, to which the elevations are referenced must be indi- cated. (5) Maps will not be revised when dis- charges change as a result of the use of an alternative methodology or data for computing flood discharges unless the change is statistically significant as measured by a confidence limits anal- ysis of the new discharge estimates. (6) Any computer program used to perform hydrologic or hydraulic anal- yses in support of a flood insurance map revision must meet all of the fol- lowing criteria: (i) It must have been reviewed and accepted by a governmental agency re- sponsible for the implementation of programs for flood control and/or the regulation of flood plain lands. For computer programs adopted by non - Federal agencies, certification by a re- sponsible agency official must be pro- vided which states that the program has been reviewed, tested, and accepted by that agency for purposes of design of flood control structures or flood plain land use regulation. (ii) It must be well-documented in- cluding source codes and users manu- als. (iii) It must be available to FEMA and all present and future parties im- pacted by flood insurance mapping de- veloped or amended through the use of the program. For programs not gen- erally available from a Federal agency, the source code and user's manuals must be sent to FEMA free of charge, with fully -documented permission from the owner that FEMA may release the code and user's manuals to such im- pacted parties. (7) A revised hydrologic analysis for flooding sources with established base flood elevations must include evalua- tion of the same recurrence interval(s) studied in the effective FIS, such as the 10-, 50-, 100-, and 500 -year flood dis- charges. (8) A revised hydraulic analysis for a flooding source with established base flood elevations must include evalua- 44 CFR Ch. 1 (10-1-02 Edition) tion of the same recurrence interval(s) studied in the effective FIS, such as the 10-, 50-, 100-, and 500 -year flood ele- vations, and of the floodway. Unless the basis of the request is the use of an alternative hydraulic methodology or the requestor can demonstrate that the data of the original hydraulic com- puter model is unavailable or its use is inappropriate, the analysis shall be made using the same hydraulic com- puter model used to develop the base flood elevations shown on the effective Flood Insurance Rate Map and updated to show present conditions in the flood plain. Copies of the input and output data from the original and revised hy- draulic analyses shall be submitted. (9) A hydrologic or hydraulic analysis for a flooding source without estab- lished base flood elevations may be performed for only the 100 -year flood. (10) A revision of flood plain delinea- tions based on topographic changes must demonstrate that any topo- graphic changes have not resulted in a floodway encroachment. (11) Delineations of flood plain boundaries for a flooding source with established base flood elevations must provide both the 100- and 500 -year flood plain boundaries. For flooding sources without established base flood ele- vations, only 100 -year flood plain boundaries need be submitted. These boundaries should be shown on a topo- graphic map of suitable scale and con- tour interval. (12) If a community or other party seeks recognition from FEMA, on its FHBM or FIRM, that an altered or re- located portion of a watercourse pro- vides protection from, or mitigates po- tential hazards of, the base flood, the Administrator may request specific documentation from the community certifying that, and describing how, the provisions of §60.3(b)(7) of this sub- chapter will be met for the particular watercourse involved. This documenta- tion, which may be in the form of a written statement from the Commu- nity Chief Executive Officer, an ordi- nance, or other legislative action, shall describe the nature of the maintenance activities to be performed, the fre- quency with which they will be per- formed, and the title of the local com- munity official who will be responsible KI1ra Federal Emergency Management Agency for assuring that the maintenance ac- tivities are accomplished. (13) Notwithstanding any other provi- sions of §65.6, a community may sub- mit, in lieu of the documentation spec- ified in §65.6(a)(12), certification by a registered professional engineer that the project has been designed to retain its flood carrying capacity without periodic maintenance. (14) The participating community must provide written assurance that they have complied with the appro- priate minimum floodplain manage- ment requirements under §60.3 of this chapter. This includes the require- ments 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 ex- isting or proposed structures to be re- moved 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 de- termination; (iii) The participating community has issued permits for all existing and proposed construction or other devel- opment; and (iv) All necessary permits have been received from those governmental agencies where approval is required by Federal, State, or local law. (15) If the community cannot assure that it has complied with the appro- priate minimum floodplain manage- ment requirements under §60.3, of this chapter the map revision request will be deferred until the community rem- edies 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 ''reason- ably safe from flooding," we will proc- ess a revision to the SFHA using the criteria set forth under §65.6. The com- munity must maintain on file, and make available upon request by FEMA, all supporting analyses and docu- mentation used in determining that the land or structures are "reasonably safe from flooding." § 65.6 (b) Data requirements for correcting map errors. To correct errors in the original flood analysis, technical data submissions shall include the fol- lowing: (1) Data identifying mathematical er- rors. (2) Data identifying measurement er- rors and providing correct measure- ments. (c) Data requirements for changed physical conditions. Revisions based on the effects of physical changes that have occurred in the flood plain shall include: (1) Changes affecting hydrologic condi- tions. The following data must be sub- mitted: (i) General description of the changes (e.g., dam, diversion channel, or deten- tion basin). (ii) Construction plans for as -built conditions, if applicable. (iii) New hydrologic analysis ac- counting for the effects of the changes. (iv) New hydraulic analysis and pro- files using the new flood discharge val- ues resulting from the hydrologic anal- ysis. (v) Revised delineations of the flood plain boundaries and floodway. (2) Changes affecting hydraulic condi- tions. The following data shall be sub- mitted: (i) General description of the changes (e.g., channelization or new bridge, cul- vert, or levee). (ii) Construction plans for as -built conditions. (iii) New hydraulic analysis and flood elevation profiles accounting for the effects of the changes and using the original flood discharge values upon which the original map is based. (iv) Revised delineations of the flood plain boundaries and noodway. (3) Changes involi,ing topographic con- dttions. The following data shall be sub- mitted: (i) General description of the changes (e.g., grading or filling). (ii) New topographic information, such as spot elevations, cross sections grading plans, or contour maps. (iii) Revised delineations of the flood plain boundaries and, if necessary, floodway. (d) Data requirements for incorporating improved data. Requests for revisions 343 § 65.7 based on the use of improved hydro- logic, hydraulic, or topographic data shall include the following data: (1) Data that are believed to be better than those used in the original analysis (such as additional years of stream gage data). (2) Documentation of the source of the data. (3) Explanation as to why the use of the new data will improve the results of the original analysis. (4) Revised hydrologic analysis where hydrologic data are being incorporated. (5) Revised hydraulic analysis and flood elevation profiles where new hy- drologic or hydraulic data are being in- corporated. (6) Revised delineations of the flood plain boundaries and floodway where new hydrologic, hydraulic, or topo- graphic data are being incorporated. (e) Data requirements for incorporating improved methods. Requests for revi- sions based on the use of improved hy- drologic or hydraulic methodology shall include the following data: (1) New hydrologic analysis when an alternative hydrologic methodology is being proposed. (2) New hydraulic analysis and flood elevation profiles when an alternative hyrologic or hydraulic methodology is being proposed. (3) Explanation as to why the alter- native methodologies are superior to the original methodologies. (4) Revised delineations of the flood plain boundaries and floodway based on the new analysis(es). (f) Certification requirements. All anal- ysis and data submitted by the re- quester shall be certified by a reg- istered professional engineer or li- censed land surveyor, as appropriate, subject to the definition of "certifi- cation" given at §65.2 of this sub- chapter. (g) Submission procedures. All requests shall be submitted to the FEMA Re- gional Office servicing the commu- nity's geographic area or to the FEMA Headquarters Office in Washington, DC, and shall be accompanied by the 44 CFR Ch. 1 (10-1-02 Edition) appropriate payment, in accordance with 44 CFR part 72. [51 FR 30314, Aug. 25. 1986, as amended at 53 FR 16279. May 6, 1988; 54 FR 33550, Aug. 15, 1989: 61 FR 46331, Aug. 30, 1996; 62 FR 5736, Feb. 6. 1997,66 FR 22442, May 4. 2001] §65.7 Floodway revisions. (a) Generul. Floodway data is devel- oped as part of FEMA Flood Insurance Studies and is utilized by communities to select and adopt floodways as part of the flood plain management program required by §60.3 of this subchapter. When it has been determined by a com- munity that no practicable alter- natives exist to revising the boundaries of its previously adopted floodway, the procedures below shall be followed. (b) Data requirements when base flood elevation changes are requested. When a floodway revision is requested in asso- ciation with a change to base flood ele- vations, the data requirements of § 65.6 shall also be applicable. In addition, the following documentation shall be submitted: (1) Copy of a public notice distributed by the community stating the commu- nity .s intent to revise the floodway or a statement by the community that it has notified all affected property own- ers and affected adjacent jurisdictions. (2) Copy of a letter notifying the ap- propriate State agency of the floodway revision when the State has jurisdic- tion over the floodway or its adoption by communities participating in the NFIP. (3) Documentation of the approval of the revised floodway by the appro- priate State agency (for communities where the State has jurisdiction over the floodway or its adoption by com- munities participating in the NFIP). (4) Engineering analysis for the re- vised floodway, as described below: (i) The floodway analysis must be performed using the hydraulic com- puter model used to determine the pro- posed base flood elevations. (ii) The floodway limits must be set so that neither the effective base flood elevations nor the proposed base flood elevations if less than the effective base flood elevations, are increased by more than the amount specified under 344 Federal Emergency Management Agency §60.3 (d)(2). Copies of the input and out- put data from the original and modi- fied computer models must be sub- mitted. (5) Delineation of the revised floodway on the same topographic map used for the delineation of the revised flood boundaries. (c) Data requirements ]m changes not associated with base food elevation changes. The following data shall be submitted: (1) Items described in paragraphs (b) (1) through (3) of this section must be submitted. (2) Engineering analysis for the re- vised floodway, as described below: (i) The original hydraulic computer model used to develop the established base flood elevations must be modified to include all encroachments that have occurred in the flood plain since the ex- isting floodway was developed. If the original hydraulic computer model is not available, an alternate hydraulic computer model may be used provided the alternate model has been cali- brated so as to reproduce the original water surface profile of the original hy- draulic computer model. The alternate model must be then modified to in- clude all encroachments that have oc- curred since the existing floodway was developed. (ii) The floodway analysis must be performed with the modified computer model using the desired floodway lim- its. (iii) The floodway limits must be set so that combined effects of the past en- croachments and the new floodway limits do not increase the effective base flood elevations by more than the amount specified in §60.3(d)(2). Copies of the input and output data from the original and modified computer models must be submitted. (3) Delineation of the revised floodway on a copy of the effective NFIP map and a suitable topographic map. (d) Certification requirements. All anal- yses submitted shall be certified by a registered professional engineer. All topographic data shall be certified by a registered professional engineer or li- censed land surveyor. Certifications are subject to the definition given at §65.2 of this subchapter. § 65.9 (e) Submission procedures. All requests that involve changes to floodways shall be submitted to the appropriate FEMA Regional Office servicing the commu- nity's geographic area. [51 FR 30315. Aug. 25. 1986] 65.8 Review of proposed projects. A community, or an individual through the community, may request FEMA's comments on whether a pro- posed project, if built as proposed, would justify a map revision. FEMA's comments will be issued in the form of a letter, termed a Conditional Letter of Map Revision, in accordance with 44 CFR part 72. The data required to sup- port such requests are the same as those required for final revisions under §§ 65.5, 65.6, and 65.7, except as -built cer- tification is not required. All such re- quests shall be submitted to the FEMA Headquarters Office in Washington, DC, and shall be accompanied by the appropriate payment, in accordance with 44 CFR part 72. [62 FR 5736. Feb. 6. 19971 §65.9 Review and response by the Ad- ministrator. If any questions or problems arise during review, FEMA will consult the Chief Executive Officer of the commu- nity (CEO), the community official des- ignated by the CEO, and.%or the re- quester for resolution. Upon receipt of a revision request, the Administrator shall mail an acknowledgment of re- ceipt of such request to the CEO. With- in 90 days of receiving the request with all necessary information, the Admin- istrator shall notify the CEO of one or more of the following: (a) The effective map(s) shall not be modified; (b) The base flood elevations on the effective FIRM shall be modified and new base flood elevations shall be es- tablished under the provisions of part 67 of this subchapter; (c) The changes requested are ap- proved and the map(s) amended by Let- ter of Map Revision (LOMR); (d) The changes requested are ap- proved and a revised map(s) will be printed and distributed; (e) The changes requested are not of such a significant nature as to warrant 345 §65.10 a reissuance or revision of the flood in- surance study or maps and will be de- ferred until such time as a significant change occurs; (f) An additional 90 days is required to evaluate the scientific or technical data submitted; or (g) Additional data are required to support the revision request. (h) The required payment has not been submitted in accordance with 44 CFR part 72, no review will be con- ducted and no determination will be issued until payment is received. [51 FR 30315, Aug. 25, 1986; 61 FR 46331, Aug. 30, 1996, as amended at 62 FR 5736, Feb. 6, 19971 §65.10 Mapping of areas protected by levee systems. (a) General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive flood plain management criteria estab- lished by §60.3 of this subchapter. Ac- cordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the base flood. This information must be supplied to FEMA by the community or other party seeking recognition of such a levee system at the time a flood risk study or restudy is conducted, when a map revision under the provi- sions of part 65 of this subchapter is sought based on a levee system, and upon request by the Administrator dur- ing the review of previously recognized structures. The FEMA review will be for the sole purpose of establishing ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (b) Design criteria. For levees to be recognized by FEMA, evidence that adequate design and operation and maintenance systems an, in place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following require- ments must be met: 44 CFR Ch. 1 (10-1-02 Edition) (1) Freeboard. (i) Riverine levees must provide a minimum freeboard of three feet above the water -surface level of the base flood. An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the min- imum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (ii) Occasionally, exceptions to the minimum riverine freeboard require- ment described in paragraph (b)(1)(i) of this section, may be approved. Appro- priate engineering analyses dem- onstrating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the uncertainty in the esti- mated base flood elevation profile and include, but not necessarily be limited to an assessment of statistical con- fidence limits of the 100 -year discharge; changes in stage -discharge relation- ships: and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than two feet be ac- cepted. (iii) For coastal levees, the freeboard must be established at one foot above the height of the one percent wave or the maximum wave runup (whichever is greater) associated with the 100 -year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- quirement described in paragraph (b)(1)(iii) of this section, may be ap- proved. Appropriate engineering anal- yses demonstrating adequate protec- tion with a lesser freeboard must be submitted to support a request for such an exception. The material presented must evaluate the uncertainty in the estimated base flood loading condi- tions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances, how- ever, will a freeboard of less than two 346 Federal Emergency Management Agency are applicable to this part. For the pur- poses of this part, the products are de- fined as follows: CLOMA. A CLOMA is FEMA's com- ment on a proposed structure or group of structures that would, upon con- struction, be located on existing nat- ural ground above the base (1 -percent - annual -chance) flood elevation on a portion of a legally defined parcel of land that is partially inundated by the base flood. CLOMR. A CLOMR is FEMA's com- ment on a proposed project that would, upon construction, affect the hydro- logic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood ele- vations, or the Special Flood Hazard Area (SFHA). CLOMR-F. A CLOMR-F is FEMA's comment on a proposed project that would, upon construction. result in a modification of the SFHA through the placement of fill outside the existing regulatory floodway. LOMB. A LOMR is FEMA's modifica- tion to an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based on the im- plementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effec- tive base flood elevations, or the SFHA. The LOMR officially revises the FIRM or FBFM, and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a de- scription of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM, FBFM, or FIS report. LOMR-F. A LOMR-F is FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existingregulatory floodway. PMR. A PMR is FEMA's physical re- vision and republication of an effective FIRM, FBFM, or FIS report. PMRs are generally based on physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effee- § 72.3 tive base flood elevations, or the SFHA. [62 FR 5737. Feb. 6, 19971 72.3 Fee schedule. (a) For requests for CLOMRs, LOMRs, and PMRs based on structural measures on alluvial fans, an initial fee of $5,000, subject to the provisions of §72.4, shall be paid to FEMA before FEMA begins its review of the request. The initial fee represents the minimum cost for reviewing these requests and is based on the prevailing private -sector labor rate. A revision to this initial fee, if necessary, will be published as a notice in the FEDERAL REGISTER. (b) For requests for CLOMRs, LOMRs, and PMRs based on structural measures on alluvial fans, the total fee will be calculated based on the total hours by FEMA to review and process the request multiplied by an hourly rate based on the prevailing private - sector labor rate. The hourly rate is published as a notice in the FEDERAL REGisTER. A revision to the hourly rate, if necessary, shall be published as a notice in the FEDERAL REGISTER. (c) For conditional and final map re- vision requests for the following cat- egories, flat user fees, subject to the provisions of §72.4, shall be paid to FEMA before FEMA begins its review of the request: (1) Requests for CLOMAs, CLOMR- Fs, and LOMR-Fs for single structures or single lots; (2) Requests for CLOMAs for multiple structures or multiple lots; (3) Requests for CLOMR-Fs and LOMR-Fs for multiple structures or multiple lots; (4) Requests LOMR-Fs for single structures or single lots based on as - built information for projects for which FEMA issued CLOMR-Fs previously; (5) Requests for LOMR-Fs for mul- tiple structures or multiple lots based on as -built information for projects for which FEMA issued CLOMR-Fs pre- viously; (6) Requests for LOMRs and PMRs based on projects involving bridges, culverts, or channels, or combinations thereof; (7) Requests for LOMRs and PMRs based on projects involving levees, berms, or other structural measures; 369 § 72.4 (8) Requests for LOMRs and PMRs based on as -built information for projects for which FEMA issued CLOMRs previously, except those based on structural measures on alluvial fans; (9) Requests for LOMRs and PMRs based solely on more detailed data; (10) Requests for CLOMRs based on projects involving new hydrologic in- formation, bridges, culverts, or chan- nels, or combinations thereof: and (11) Requests for CLOMRs based on projects involving levees, berms, or other structural measures. (d) If a request involves more than one of the categories listed above, the highest applicable flat user fee must be submitted. (e) The flat user fees for conditional and final map amendments and map re- visions are based on the actual costs for reviewing and processing the re- quests. The fees for requests for LOMR-Fs, LOMRs, and PMRs also in- clude a fee of $35 to cover FEMA's costs for physically revising affected FIRM and FBFM panels to reflect the map changes. (f) Revisions to the fees, if necessary, shall be published as a notice in the FEDERAL REGISTER. [62 FR 5737, Feb. 6, 19971 § 72.4 Submittal/payment procedures and FEMA response. (a) The initial fee shall be submitted with a request for FEMA review and processing of CLOMRs, LOMRs, and PMRs based on structural measures on alluvial fans; the appropriate flat user fee shall be submitted with all other requests for FEMA review and proc- essing. (b) FEMA must receive initial or flat user fees before it will begin any re- view. The fee is non-refundable once FEMA begins its review. (c) Following completion of FEMA's review for any CLOMR, LOMR, or PMR based on structural measures on allu- vial fans, FEMA shall invoice the re- quester at the established hourly rate for any actual costs exceeding the ini- tial fee incurred for review and proc- essing. FEMA shall not issue a deter- mination letter or revised map panels) until it receives the invoiced amount. 44 CFR Ch. 1 (10-1-02 Edition) (d) For all map revision requests, FEMA shall bear the cost of reprinting and distributing the revised FIRM panel(s), FBFM panel(s), or combina- tion. (e) The entity that applies to FEMA through the local community for re- view is responsible for the cost of the review. The local community incurs no financial obligation under the reim- bursement procedures of this part when another party sends the application to FEMA. (f) Requesters shall submit payments by check or money order or by credit card. Checks or money orders, in U.S. funds, shall be made payable to the Na- tional Flood Insurance Program. (g) For CLOMA, CLOMR-F, LOMA, and LOMR-F requests, FEMA shall: (1) Notify the requester and commu- nity within 30 days as to the adequacy of the submittal, and (2) Provide to the requester and the community, within 60 days of receipt of adequate information and fee, a deter- mination letter or other written com- ment in response to the request. (h) For CLOMR, LOMR, and PMR re- quests, FEMA shall: (1) Notify the requester and commu- nity within 60 days as to the adequacy of the submittal; and (2) Provide to the requester and the community, within 90 days of receipt of adequate information and fee, a CLOMR, a LOMR, other written com- ment in response to the request, or pre- liminary copies of the revised FIRM panels, FBFM panels, andlor affected portions of the FIS report for review and comment. [62 FR 5737, Feb. 6, 19971 § 72.5 Exemptions. Requesters are exempt from submit- ting review and processing fees for: (a) Requests for map changes based on mapping or study analysis errors; (b) Requests for map changes based on the effects of natural changes with- in SFIIAs; (c) Requests for a Letter of Map Amendment (LOMA); (d) Requests for map changes based on federally sponsored flood -control projects where 50 percent or more of the project's costs are federally funded; 370 Federal Emergency Management Agency (e) Requests for map changes based on detailed hydrologic and hydraulic studies conducted by Federal, State, or local agencies to replace approximate studies conducted by FEMA and shown on the effective FIRM; and (f) Requests for map changes based on flood hazard information meant to improve upon that shown on the flood map or within the flood study will be exempt from review and processing fees. Improvements to flood maps or studies that partially or wholly incor- porate man-made modifications within the special flood hazard area will not be exempt from review and processing fees. [64 FR 51462. Sept. 23. 1999] § 72.6 Unfavorable response. (a) Requests for CLOMAs, CLOMRs, or CLOMR-Fs may be denied or the de- terminations may contain specific comments, concerns, or conditions re- garding proposed projects or designs and their impacts on flood hazards in a community. Requesters are not enti- tled to any refund of fees paid if the de- terminations contain such comments, concerns, or conditions, or if the re- quests are denied. Requesters are not entitled to any refund of fees paid if the requesters are unable to provide the appropriate scientific or technical documentation or to obtain required authorizations, permits, financing, etc., for which requesters seek the CLOMAs, CLOMRs, or CLOMR-Fs. (b) Requests for LOMRs, LOMR-Fs, or PMRs may be denied or the revi- sions to the FIRM, FBFM, or both, may not be in the manner or to the ex- tent desired by the requesters. Re- questers are not entitled to any refund of fees paid if the revision requests are denied or if the LOMRs, LOMR-Fs, or PMRs do not revise the map specifi- cally as requested. [62 FR 5738, Feb. 6. 19971 § 72.7 Resubmittals. (a) Resubmittals of CLOMA, CLOMR, CLOMR-F, LOMR, LOMR-F, or PMR requests more than 90 days after FEMA notification that the requests were de- nied or after FEMA ended its review because the requester provided insuffi- cient information will be treated as § 73.2 original submissions and subject to all submittal/payment procedures de- scribed in §72.4. The procedure in §72.4 also applies to a resubmitted request (regardless of when submitted) if the project on which the request is based has been altered significantly in design or scope other than as necessary to re- spond to comments, concerns, or other findings made by FEMA regarding the original submission. (b) When LOMR, LOMR-F, or PMR requests are made after FEMA issues CLOMRs or CLOMR-Fs, the procedures in §72.4 and the appropriate fee apply, as referenced in §72.3(c). When the as - built conditions differ from the pro- posed conditions on which FEMA issued the CLOMRs or CLOMR-Fs, the reduced fee for as -built requests will not apply. [62 FR 5738. Feb. 6. 19971 PART 73—IMPLEMENTATION OF SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968 Sec. 73.1 Purpose of part. 73.2 Definitions. 73.3 Denial of flood insurance coverage. 73.4 Restoration of flood insurance cov- erage. AUTHORITY: 42 U.S.C. 4001 et seq.; Reorga- nization Plan No. 3 of 1978; E.O. 12127. SOURCE: 51 FR 30318, Aug. 25, 1986, unless otherwise noted. § 73.1 Purpose of part. This part implements section 1316 of the National Flood Insurance Act of 1968. § 73.2 Definitions. (a) Except as otherwise provided in this part, the definitions set forth in part 59 of this subchapter are applica- ble to this part. (b) For the purpose of this part a duly constituted State or local zoning authority or other authorized public body means an official or body authorized under State or local law to declare a structure to be in violation of a law, regulation or or- dinance. (c) For the purpose of this part, State or local laws, regulations or ordinances 371