Special Flood Hazard Areas and Wetlands

Information by State  Print version   Additional Flood Hazard Areas Information   Executive Order 11988 - Floodplain Management   24 CFR Part 55 - Floodplain Management   44 CFR Part 60 - Requirements for Flood Plain Management Regulations   Mandatory Purchase of Flood Insurance Guidelines   Flood Insurance Rate Maps Additional Protection of Wetlands Information   Executive Order 11990 - Protection of Wetlands   National Wetlands Inventory   National Wetlands Inventory Digital Data

Special Flood Hazard Areas -- Policies

Two Federal authorities restrict HUD financial assistance for projects proposed within Special Flood Hazard Areas (SFHA) that are identified on Flood Insurance Rate Maps published by the Federal Emergency Management Agency.

First, "Executive Order 11988 - Floodplain Management" requires Federal agencies and Responsible Entities" to avoid direct or indirect support to floodplain development wherever there is a practicable alternative" to floodplain development. HUD implements this Executive Order policy at 24 CFR Part 55 - Floodplain Management.

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 development within special flood hazard areas on the condition that the construction be elevated and/or flood proofed. Also, the policy requires that as a condition of approval of federal assistance, the property owner obtain flood insurance protection against potential financial loss due to damage from flooding. The Federal Emergency Management Agency (FEMA) implements these policies at 44 CFR Parts 59 - 77, Regulations of the National Flood Insurance Program.

Each of the above has its own set of criteria and standards for floodplain management compliance. These authorities are referenced in HUD environmental rules at 24 CFR 50.4(b), 58.5(b) and 58.6(a).

Protection of Wetlands -- Policies

"Executive Order 11990 - Protection of Wetlands" requires Federal agencies and Responsible Entities to avoid undertaking or providing financial assistance for new construction located within wetlands, unless a finding is made that there is no practicable alternative to such construction. Section 7 of the Executive Order defines the term "wetlands" to mean "those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances do or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mudflats, and natural ponds." The Fish and Wildlife Service of the Department of Interior also identifies most wetlands on the National Wetlands Inventory maps. HUD environmental rules cite Executive Order 11990 at 24 CFR 50.4(b) and 58.5(b).