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CFR › Title 44 › Chapter I › Subchapter B › Part 65 › Section 65.12

44 CFR 65.12 - Revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments.

There are 21 Updates appearing in the Federal Register for 44 CFR 65. Select the tab below to view, or View eCFR (GPOAccess)
§ 65.12
Revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments.
(a) When a community proposes to permit encroachments upon the flood plain when a regulatory floodway has not been adopted or to permit encroachments upon an adopted regulatory floodway which will cause base flood elevation increases in excess of those permitted under paragraphs (c)(10) or (d)(3) of § 60.3 of this subchapter, the community shall apply to the Federal Insurance Administrator for conditional approval of such action prior to permitting the encroachments to occur and shall submit the following as part of its application:
(1) A request for conditional approval of map change and the appropriate initial fee as specified by § 72.3 of this subchapter or a request for exemption from fees as specified by § 72.5 of this subchapter, whichever is appropriate;
(2) An evaluation of alternatives which would not result in a base flood elevation increase above that permitted under paragraphs (c)(10) or (d)(3) of § 60.3 of this subchapter demonstrating why these alternatives are not feasible;
(3) Documentation of individual legal notice to all impacted property owners within and outside of the community, explaining the impact of the proposed action on their property.
(4) Concurrence of the Chief Executive Officer of any other communities impacted by the proposed actions;
(5) Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
(6) A request for revision of base flood elevation determination according to the provisions of § 65.6 of this part ;
(7) A request for floodway revision in accordance with the provisions of § 65.7 of this part ;
(b) Upon receipt of the Federal Insurance Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to the Federal Insurance Administrator of the adoption of flood plain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(c) Upon completion of the proposed encroachments, a community shall provide as-built certifications in accordance with the provisions of § 65.3 of this part. The Federal Insurance Administrator will initiate a final map revision upon receipt of such certifications in accordance with part 67 of this subchapter.
[53 FR 16279, May 6, 1988]

Title 44 published on 2011-10-01

The following are only the Rules published in the Federal Register after the published date of Title 44.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-02-06; vol. 78 # 25 - Wednesday, February 6, 2013
    1. 78 FR 8416 - Changes in Flood Elevation Determinations
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
      44 CFR Part 65

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 4001 - Congressional findings and declaration of purpose

§ 4002 - Additional Congressional findings and declaration of purpose

§ 4003 - Additional definitions

Title 44 published on 2011-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR 65 after this date.

  • 2013-02-06; vol. 78 # 25 - Wednesday, February 6, 2013
    1. 78 FR 8416 - Changes in Flood Elevation Determinations
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
      44 CFR Part 65