44 CFR 78.11 - Minimum project eligibility criteria.

§ 78.11 Minimum project eligibility criteria.

The identification of a project or activity in an approved Flood Mitigation Plan does not mean it meets FMA eligibility criteria. Projects must:

(a) Be cost-effective, not costing more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future floods were to occur. Both costs and benefits are computed on a net present value basis.

(b) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands; Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction; and any applicable environmental laws and regulations.

(c) Be technically feasible.

(d) Be in conformance with the minimum standards of the NFIP Floodplain Management Regulations at 44 CFR part 60.

(e) Be in conformance with the Flood Mitigation Plan; the type of project being proposed must be identified in the plan.

(f) Be located physically in a participating NFIP community that is not on probation or must benefit such community directly by reducing future flood damages.

[ 62 FR 13347, Mar. 20, 1997, as amended at 81 FR 56533, Aug. 22, 2016]

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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
Presidential Documents

Executive Order ... 12127

Executive Order ... 12148

Executive Order ... 13286

Reorganization ... 1978 Plan No. 3

Title 44 published on 2015-11-10

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 44 CFR Part 78 after this date.

  • 2016-08-22; vol. 81 # 162 - Monday, August 22, 2016
    1. 81 FR 56514 - Removal of Environmental Considerations Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, Federal Emergency Management Agency
      Final rule.
      This final rule is effective August 22, 2016.
      44 CFR Parts 10, 60, 78, 79, 80, 206, and 209