§4105 Disaster Mitigation Requirements; Notification to Flood-prone Areas

Summary

The Administrator must publish certain information and, not later than six months following December 31, 1973, must tell the chief executive of each known flood‑prone community that is not in the national flood insurance program that the community is tentatively identified as having one or more special flood hazard areas. After that notice, the community must either quickly apply to join the national flood insurance program or, within six months, give technical data that shows it is not seriously flood prone or that flood problems have been fixed. The Administrator may hold a public hearing if data conflict. If no hearing is held, the community can send written evidence. The Administrator’s final decision about whether a community has a flood hazard area is binding if it is supported by solid evidence in the record. When new information shows other communities are flood prone, the Administrator must notify them and they must follow the same steps. Communities that do not qualify for the insurance program within one year after such notification, or by the date in section 4106 of this title, whichever is later, will be treated under the rules for non‑participating flood‑prone communities. The Administrator may create an appeal process anyone in the community or a property owner or lessee can use. If an appeal is successful in whole or part, the Administrator will repay part of the reasonable costs for surveyors, engineers, and similar services (not legal fees), in proportion to how much of the appeal succeeded. Payments that were agreed to be contingent on the appeal’s outcome won’t be reimbursed. Up to $250,000 is authorized to carry out this appeal reimbursement rule.