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OCR for page 161
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
OCR for page 162
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
OCR for page 163
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."
Representative terms from entire chapter:
land management
