42 U.S.C. § 4022 : US Code - Section 4022: State and local land use controls

Search 42 U.S.C. § 4022 : US Code - Section 4022: State and local land use controls

(a) Requirement for participation in flood insurance program
(1) In general
After December 31, 1971, no new flood insurance coverage shall
be provided under this chapter in any area (or subdivision
thereof) unless an appropriate public body shall have adopted
adequate land use and control measures (with effective
enforcement provisions) which the Director finds are consistent
with the comprehensive criteria for land management and use under
section 4102 of this title.
(2) Agricultural structures
(A) Activity restrictions
Notwithstanding any other provision of law, the adequate land
use and control measures required to be adopted in an area (or
subdivision thereof) pursuant to paragraph (1) may provide, at
the discretion of the appropriate State or local authority, for
the repair and restoration to predamaged conditions of an
agricultural structure that -
(i) is a repetitive loss structure; or
(ii) has incurred flood-related damage to the extent that
the cost of restoring the structure to its predamaged
condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
(B) Premium rates and coverage
To the extent applicable, an agricultural structure repaired
or restored pursuant to subparagraph (A) shall pay chargeable
premium rates established under section 4015 of this title at
the estimated risk premium rates under section 4014(a)(1) of
this title. If resources are available, the Director shall
provide technical assistance and counseling, upon request of
the owner of the structure, regarding wet flood-proofing and
other flood damage reduction measures for agricultural
structures. The Director shall not be required to make flood
insurance coverage available for such an agricultural structure
unless the structure is wet flood-proofed through permanent or
contingent measures applied to the structure or its contents
that prevent or provide resistance to damage from flooding by
allowing flood waters to pass through the structure, as
determined by the Director.
(C) Prohibition on disaster relief
Notwithstanding any other provision of law, any agricultural
structure repaired or restored pursuant to subparagraph (A)
shall not be eligible for disaster relief assistance under any
program administered by the Director or any other Federal
agency.
(D) Definitions
For purposes of this paragraph -
(i) the term "agricultural structure" means any structure
used exclusively in connection with the production,
harvesting, storage, raising, or drying of agricultural
commodities; and
(ii) the term "agricultural commodities" means agricultural
commodities and livestock.
(b) Community rating system and incentives for community floodplain
management
(1) Authority and goals
The Director shall carry out a community rating system program,
under which communities participate voluntarily -
(A) to provide incentives for measures that reduce the risk
of flood or erosion damage that exceed the criteria set forth
in section 4102 of this title and evaluate such measures;
(B) to encourage adoption of more effective measures that
protect natural and beneficial floodplain functions;
(C) to encourage floodplain and erosion management; and
(D) to promote the reduction of Federal flood insurance
losses.
(2) Incentives
The program shall provide incentives in the form of credits on
premium rates for flood insurance coverage in communities that
the Director determines have adopted and enforced measures that
reduce the risk of flood and erosion damage that exceed the
criteria set forth in section 4102 of this title. In providing
incentives under this paragraph, the Director may provide for
credits to flood insurance premium rates in communities that the
Director determines have implemented measures that protect
natural and beneficial floodplain functions.
(3) Credits
The credits on premium rates for flood insurance coverage shall
be based on the estimated reduction in flood and erosion damage
risks resulting from the measures adopted by the community under
this program. If a community has received mitigation assistance
under section 4104c of this title, the credits shall be phased in
a manner, determined by the Director, to recover the amount of
such assistance provided for the community.
(4) Reports
Not later than 2 years after September 23, 1994, and not less
than every 2 years thereafter, the Director shall submit a report
to the Congress regarding the program under this subsection. Each
report shall include an analysis of the cost-effectiveness of the
program, any other accomplishments or shortcomings of the
program, and any recommendations of the Director for legislation
regarding the program.
(c) Replacement of mobile homes on original sites
(1) Community participation
The placement of any mobile home on any site shall not affect
the eligibility of any community to participate in the flood
insurance program under this chapter and the Flood Disaster
Protection Act of 1973 (notwithstanding that such placement may
fail to comply with any elevation or flood damage mitigation
requirements), if -
(A) such mobile home was previously located on such site;
(B) such mobile home was relocated from such site because of
flooding that threatened or affected such site; and
(C) such replacement is conducted not later than the
expiration of the 180-day period that begins upon the
subsidence (in the area of such site) of the body of water that
flooded to a level considered lower than flood levels.
(2) Definition
For purposes of this subsection, the term "mobile home" has the
meaning given such term in the law of the State in which the
mobile home is located.