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HUD
policy implements two Federal authorities restricting activities
that would rely on HUD financial assistance for proposals located
within Special Flood Hazard Areas.
First,
is the Executive Order
11988 -- "Floodplain Management" which requires Federal
agencies and Responsible Entities "to avoid direct or indirect
support to floodplain development wherever there is a practicable
alternative." HUD regulations at 24
CFR Part 55 - "Floodplain Management" implement
this Executive Order and 44
CFR Part 60 - "Requirements for Floodplain Management Regulations".
Second,
the Federal Disaster Protection Act as amended authorized the "National
Flood Insurance Program" whose policy requires participating
communities when issuing building permits to discourage but allow
floodplain development on the condition that the construction be
elevated and/or flood proofed and that the property owner obtain
flood insurance protection against potential financial loss due
to damage from flooding. Regulations at 44 CFR Parts 59 -- 77 issued
by the Federal Emergency Management
Agency (FEMA) implement legislation authorizing the National
Flood Insurance Program.
Each
of the above has its own set of criteria and standards for compliance.These
authorities are referenced in HUD environmental rules at 24
CFR 50.4(b), 58.5(b)
and 58.6(a).
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