§4028 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Starting October 1, 1983, the law stops providing new flood insurance for any new buildings or major upgrades built on coastal barriers that are inside the John H. Chafee Coastal Barrier Resources System. Banks that are federally insured can still make loans using those buildings as collateral. After the one-year period that began on November 16, 1990 ends, no new flood insurance under this law can be issued for new buildings or major upgrades in areas shown on the system’s official maps that are outside the system but are otherwise protected. If a building in those protected areas is used in a way that matches the reason the area is protected, it may still get new flood insurance.

Title 42, §4028

The Public Health and Welfare — Source: USLM XML via OLRC

(a)No new flood insurance coverage may be provided under this chapter on or after October 1, 1983, for any new construction or substantial improvements of structures located on any coastal barrier within the John H. Chafee Coastal Barrier Resources System established by section 3503 of title 16. A federally insured financial institution may make loans secured by structures which are not eligible for flood insurance by reason of this section.

(b)No new flood insurance coverage may be provided under this chapter after the expiration of the 1-year period beginning on November 16, 1990, for any new construction or substantial improvements of structures located in any area identified and depicted on the maps referred to in section 3503(a) of title 16 as an area that is (1) not within the John H. Chafee Coastal Barrier Resources System and (2) is in an otherwise protected area. Notwithstanding the preceding sentence, new flood insurance coverage may be provided for structures in such protected areas that are used in a manner consistent with the purpose for which the area is protected.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4001 of this title and Tables.

Amendments

1999—Pub. L. 106–167 amended section catchline and substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System” in subsecs. (a) and (b). 1990—Pub. L. 101–591 designated existing provisions as subsec. (a) and added subsec. (b). 1982—Subsecs. (a) to (c). Pub. L. 97–348 struck out subsec. designations in subsecs. (a) and (c), in provisions of former subsec. (a) substituted “on any coastal barrier within the Coastal Barrier Resources System established by section 3503 of title 16” for “on undeveloped coastal barriers which shall be designated by the Secretary of the Interior”, and struck out subsec. (b) which provided definitions for purposes of this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as a note under section 3701 of Title 12, Banks and Banking. Study for Designation of Undeveloped Coastal Barriers; Report and Recommendations to Congress Pub. L. 97–35, title III, § 341(d)(2), Aug. 13, 1981, 95 Stat. 419, relating to a study by the Secretary of the Interior for the purpose of designating the undeveloped coastal barriers affected by this section, and transmittal to Congress of a report on such study, was repealed by Pub. L. 97–348, § 11(b), Oct. 18, 1982, 96 Stat. 1659.

§4028 John H. Chafee Coastal Barrier Resources System