44 C.F.R. § 71.3

Denial of flood insurance

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(a) No new flood insurance coverage may be provided on or after October 1, 1983, for any new construction or substantial improvement of a structure located in an area identified as being in the CBRS both as of October 18, 1982, and as of November 16, 1990.

(b) No new flood insurance coverage may be provided on or after November 16, 1990, for any new construction or substantial improvement of a structure located in any area newly identified as being in the CBRS as of November 16, 1990.

(c) No new flood insurance coverage may be provided after November 16, 1991, for any new construction or substantial improvement of a structure which is located in an “otherwise protected area.”

(d) Notwithstanding paragraph (c) of this section, new flood insurance coverage may be provided for a structure which is newly constructed or substantially improved in an “otherwise protected area” if the building is used in a manner consistent with the purpose for which the area is protected.

[57 FR 22662, May 29, 1992]

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Spong v. Fid. Nat'l Prop. & Cas. Ins., 787 F.3d 296 (5th Cir. 2015).

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Spong v. Fid. Nat'l Prop. & Cas. Ins., 787 F.3d 296 (5th Cir. 2015). “45,664, 45,664 (1983); accord 44 C.F.R. § 71.3 (a). 63 . Advisory Guidelines, 48 Fed.”

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