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D Sections of National Flood Insurance Act of 1968 Section 4001 (Section 1302 of Act) (c) "The Congress further finds that (1) a program of flood insurance can promote the public interest by providing appropriate protection against the perils of flood losses and encouraging sound land use by minimizing exposure of property to flood losses...." (e) "It is further the purpose of this chapter to (1) encourage State and local governments to make appropriate land use adjust- ments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses, (2) guide the development of proposed future construction, where practicable, away from locations which are threatened by flood hazards...." Section 4002 (by "The purpose of this Act, therefore, is to . . . (3) require State or local cornrnunities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future Tosses." Section 4012 (Section 1305 of Act) (c) "iFlood insurance shall only be available in States or areas for which the Director of FEMA has determined that] (2) adequate land use and control measures have been adopted . . . which are 161

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162 APPENDIX D consistent with the comprehensive criteria for land management and use developed under Section 4102...." Section 4102 (Section 1361 of Act) (c) "iThe Director shall develop] comprehensive criteria de- signed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will (1) constrict the development of land which is exposed to flood damage where appropriate, (2) guide the development of proposed construc- tion away from locations which are threatened by flood hazards, (3) assist in reducing damage caused by floods, and (4) otherwise improve the long-range land management and use of flood prone areas.... Section 4101 (Section 1360 of Act) ~ (a) "tThe Director of FEMA] is authorized to . . . (1) identify and publish information with respect to all flood plain areas, including coastal areas located in the United States, which have special flood hazards . . . and (2) establish flood-risk zones in all such areas, and make estimates with respect to the rates of probable flood-caused loss for the various flood-risk zones for each of these areas...." Section 4121 (Section 1370 of Act) (c) "The term 'flood' shall also include the collapse or subsi- dence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this title shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods including the provisions relating to land management and use. . Section 4022 (Section 1315 of Act) ". . . no new flood insurance coverage shall be provided under this title in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control mea- sures (with effective enforcement provisions) which the [Director of FEMA] finds are consistent with the comprehensive criteria for land management and use under section 1361. Section 4102 (Section 1361 of Act) (a) "The "Director of FEMA] is authorized to carry out studies

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APPENDIX D 163 and investigations . . . with respect to the adequacy of State and local measures in flood-prone areas as to the land management and use, flood control, flood zoning and flood damage prevention...." (b) "Such studies and investigations shall include, but not be limited to, laws, regulations, or ordinances relating to encroachments and obstructions on stream channels and floodways, the orderly development and use of flood plains of rivers or streams, floodway encroachment lines, and flood plain zoning, building codes, building permits, and subdivision or other building restrictions."