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