(a) The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing and Urban Development Act of 1968 (Pub. L. 90-448, August 1, 1968) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Mudslide (as defined in § 59.1) protection was added to the Program by the Housing and Urban Development Act of 1969 (Pub. L. 91-152, December 24, 1969). Flood-related erosion (as defined in § 59.1) protection was added to the Program by the Flood Disaster Protection Act of 1973 (Pub. L. 93-234, December 31, 1973). The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance on and after March 2, 1974, as a condition of receiving any form of Federal or federally-related financial assistance for acquisition or construction purposes with respect to insurable buildings and mobile homes within an identified special flood, mudslide (i.e., mudflow), or flood-related erosion hazard area that is located within any community participating in the Program. The Act also requires that on and after July 1, 1975, or one year after a community has been formally notified by the Federal Insurance Administrator. of its identification as community containing one or more special flood, mudslide (i.e., mudflow), or flood-related erosion hazard areas, no such Federal financial assistance, shall be provided within such an area unless the community in which the area is located is then participating in the Program, subject to certain exceptions. See FIA published Guidelines at § 59.4(c).
(b) To qualify for the sale of federally-subsidized flood insurance a community must adopt and submit to the Federal Insurance Administrator as part of its application, flood plain management regulations, satisfying at a minimum the criteria set forth at part 60 of this subchapter, designed to reduce or avoid future flood, mudslide (i.e., mudflow) or flood-related erosion damages. These regulations must include effective enforcement provisions.
(c) Minimum requirements for adequate flood plain management regulations are set forth in § 60.3 for flood-prone areas, in § 60.4 for mudslide (i.e., mudflow) areas and in § 60.5 for flood-related erosion areas. Those applicable requirements and standards are based on the amount of technical information available to the community.
[41 FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, Feb. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]
Notes of Decisions
Wozniak v. Colchester, 193 Conn. App. 842 (Conn. App. Ct. 2019).
“October 24, 2014); see also 44 C.F.R. § 59.2 . To carry out its mandate, the NFIA authorizes FEMA to ‘‘identify and publish information with respect to all flood plain areas, including coastal areas located in the United States, which have special flood hazards’’4 and to…”
Penny v. Giuffrida, 897 F.2d 1543 (10th Cir. 1990).
“The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance as a condition to receiving federal or federally-related financial assistance for the construction or acquisition of insurable buildings "within an identified special flood, mudslide (i.”
Florida Key Deer v. Stickney, 864 F. Supp. 1222 (S.D. Fla. 1994).
“44 C.F.R. § 59.2 The NFIP is based on an agreement between local communities and the federal government which states that if a community implements measures to reduce future flood risks to new construction in Special Flood Hazard Areas (“SFHA”), the federal government will make…”
Eaker v. State Farm Fire & Cas. Ins., 216 F. Supp. 2d 606 (S.D. Miss. 2001).
“; 44 C.F.R. § 59.2 . Flood insurance policies are issued directly by the Federal Emergency Management Agency (“FEMA”) or through private insurers known as Write-Your-Own Companies (“WYO”), acting as “fiscal agents” of the federal government.”
Penny v. Giuffrida, 897 F.2d 1543 (10th Cir. 1990).
“The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance as a condition to receiving federal or federally-related financial assistance for the construction or acquisition of insurable buildings “within an identified special flood, mudslide (i.”
Maudlin v. Fed. Emergency Mgmt. Agency, 138 F. Supp. 3d 994 (S.D. Ind. 2015).
“§ 4022 ; see also 44 C.F.R. § 59.2 (b). The NFIA requires FEMA to “identify flood-prone areas, publish flood-risk zone data, and revise that data as needed.”
Quality by Father & Son, Ltd. v. Bruscella, 174 Misc. 2d 664 (N.Y. Sup. Ct. 1997).
“Congress amended the National Flood Insurance Act of 1968 with the Flood Disaster Protection Act of 1973- ( 42 USC § 4001 ) which requires the purchase of flood insurance on or after March 2, 1974 as a condition of receiving any Federal or Federally related financial assistance…”
— 44 C.F.R. § 59.2(a) — 2 cases
Penny v. Giuffrida, 897 F.2d 1543 (10th Cir. 1990).
“The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance as a condition to receiving federal or federally-related financial assistance for the construction or acquisition of insurable buildings "within an identified special flood, mudslide (i.”
Penny v. Giuffrida, 897 F.2d 1543 (10th Cir. 1990).
“The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance as a condition to receiving federal or federally-related financial assistance for the construction or acquisition of insurable buildings “within an identified special flood, mudslide (i.”
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