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Title 44 Part 73

Title 44 → Chapter I → Subchapter B → Part 73

Electronic Code of Federal Regulations e-CFR

Title 44 Part 73

e-CFR data is current as of September 19, 2018

Title 44Chapter ISubchapter B → Part 73


Title 44: Emergency Management and Assistance


PART 73—IMPLEMENTATION OF SECTION 1316 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968


Contents
§73.1   Purpose of part.
§73.2   Definitions.
§73.3   Denial of flood insurance coverage.
§73.4   Restoration of flood insurance coverage.

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978; E.O. 12127.

Source: 51 FR 30318, Aug. 25, 1986, unless otherwise noted.

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§73.1   Purpose of part.

This part implements section 1316 of the National Flood Insurance Act of 1968.

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§73.2   Definitions.

(a) Except as otherwise provided in this part, the definitions set forth in part 59 of this subchapter are applicable 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 ordinance.

(c) For the purpose of this part, State or local laws, regulations or ordinances intended to discourage or restrict development or occupancy of flood-prone areas are measures such as those defined as Flood plain management regulations in §59.1 of this subchapter. Such measures are referred to in this part as State or local flood plain management regulations.

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§73.3   Denial of flood insurance coverage.

(a) No new flood insurance shall be provided for any property which the Federal Insurance Administrator finds has been declared by a duly constituted State or local zoning authority or other authorized public body, to be in violation of State or local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

(b) New and renewal flood insurance shall be denied to a structure upon a finding by the Federal Insurance Administrator of a valid declaration of a violation.

(c) States and communities shall determine whether to submit a declaration to the Federal Insurance Administrator for the denial of insurance.

(d) A valid declaration shall consist of:

(1) The name(s) of the property owner(s) and address or legal description of the property sufficient to confirm its identity and location;

(2) A clear and unequivocal declaration that the property is in violation of a cited State or local law, regulation or ordinance;

(3) A clear statement that the public body making the declaration has authority to do so and a citation to that authority;

(4) Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and

(5) A clear statement that the declaration is being submitted pursuant to section 1316 of the National Flood Insurance Act of 1968, as amended.

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§73.4   Restoration of flood insurance coverage.

(a) Insurance availability shall be restored to a property upon a finding by the Federal Insurance Administrator of a valid rescission of a declaration of a violation.

(b) A valid rescission shall be submitted to the Federal Insurance Administrator and shall consist of:

(1) The name of the property owner(s) and an address or legal description of the property sufficient to identify the property and to enable FEMA to identify the previous declaration;

(2) A clear and unequivocal statement by an authorized public body rescinding the declaration and giving the reason(s) for the rescission;

(3) A description of and supporting documentation for the measures taken in lieu of denial of insurance in order to bring the structure into compliance with the local flood plain management regulations; and

(4) A clear statement that the public body rescinding the declaration has the authority to do so and a citation to that authority.

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