This section describes the procedures that shall be followed and the types of information required by FEMA to review a determination of whether a building or manufactured home is located within an identified Special Flood Hazard Area (SFHA).
(a) General conditions. The borrower and lender of a loan secured by improved real estate or a manufactured home may jointly request that FEMA review a determination that the building or manufactured home is located in an identified SFHA. Such a request must be submitted within 45 days of the lender's notification to the borrower that the building or manufactured home is in the SFHA and that flood insurance is required. Such a request must be submitted jointly by the lender and the borrower and shall include the required fee and technical information related to the building or manufactured home. Elevation data will not be considered under the procedures described in this section.
(b) Data and other requirements. Items required for FEMA's review of a determination shall include the following:
(1) Payment of the required fee by check or money order, in U.S. funds, payable to the National Flood Insurance Program;
(2) A request for FEMA's review of the determination, signed by both the borrower and the lender;
(3) A copy of the lender's notification to the borrower that the building or manufactured home is in an SFHA and that flood insurance is required (the request for review of the determination must be postmarked within 45 days of borrower notification);
(4) A completed Standard Flood Hazard Determination Form for the building or manufactured home, together with a legible hard copy of all technical data used in making the determination; and
(5) A copy of the effective NFIP map (Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM)) panel for the community in which the building or manufactured home is located, with the building or manufactured home location indicated. Portions of the map panel may be submitted but shall include the area of the building or manufactured home in question together with the map panel title block, including effective date, bar scale, and north arrow.
(c) Review and response by FEMA. Within 45 days after receipt of a request to review a determination, FEMA will notify the applicants in writing of one of the following:
(1) Request submitted more than 45 days after borrower notification; no review will be performed and all materials are being returned;
(2) Insufficient information was received to review the determination; therefore, the determination stands until a complete submittal is received; or
(3) The results of FEMA's review of the determination, which shall include the following:
(i) The name of the NFIP community in which the building or manufactured home is located;
(ii) The property address or other identification of the building or manufactured home to which the determination applies;
(iii) The NFIP map panel number and effective date upon which the determination is based;
(iv) A statement indicating whether the building or manufactured home is within the Special Flood Hazard Area;
(v) The time frame during which the determination is effective.
[60 FR 62218, Dec. 5, 1995]
Title 44 published on 2011-10-01
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