cfr_sections
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18 rows where part_number = 9 and title_number = 44 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 44:44:1.0.1.1.10.0.9.1 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.1 Purpose. | FEMA | [89 FR 57037, July 11, 2024] | This part sets forth the policy, procedure, and responsibilities to implement and enforce relevant sections of the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., as amended, and other relevant statutory authorities in conjunction with Executive Order 11988, Floodplain Management, as amended, and Executive Order 11990, Protection of Wetlands. | |||||
| 44:44:1.0.1.1.10.0.9.10 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.10 Identify impacts of proposed actions. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57043, July 11, 2024] | (a) This section ensures that the effects of proposed Agency actions are identified. (b) The Agency shall identify the potential direct and indirect adverse impacts associated with the occupancy and modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action. Such identification of impacts shall be to the extent necessary to comply with the requirements of this part to avoid floodplain and wetland locations unless they are the only practicable alternatives to minimize harm to and within floodplains and wetlands. (c) This identification shall consider whether the proposed action will result in an increase in the useful life of any structure or facility in question, maintain the investment at risk and exposure of lives to the flood hazard or forego an opportunity to restore the natural and beneficial values served by floodplains or wetlands. (d) In the review of a proposed or alternative action, the Regional Administrator shall consider and evaluate: impacts associated with modification of wetlands and floodplains regardless of its location; additional impacts which may occur when certain types of actions may support subsequent action which have additional impacts of their own; adverse impacts of the proposed actions on lives and property and on natural and beneficial floodplain and wetland values; and the three categories of factors listed below: (1) Flood hazard-related factors. These include, but are not limited to, the factors listed in § 9.7(b)(3); (2) Natural values-related factors. These include, but are not limited to: water resource values, as in storing and conveying floodwaters, maintaining water quality, and groundwater recharge; living resource values, as in providing habitats and enhancing biodiversity for fish and wildlife and plant resources; cultural resource values, as in providing open space, natural beauty, recreation, scientific study, historical and archaeological resources, and… | |||||
| 44:44:1.0.1.1.10.0.9.11 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.11 Mitigation. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 46 FR 51752, Oct. 22, 1981; 48 FR 44543, Sept. 29, 1983; 49 FR 33879, Aug. 27, 1984; 49 FR 35584, Sept. 10, 1984; 50 FR 40006, Oct. 1, 1985; 89 FR 57044, July 11, 2024] | (a) Purpose. This section expands upon the directives set out in § 9.6 of this part and sets out the mitigative actions required if the preliminary determination is made to carry out an action that affects or is in a floodplain or wetland. (b) General provisions. (1) The Agency shall design or modify its actions so as to minimize harm to or within the floodplain; (2) The Agency shall minimize the destruction, loss or degradation of wetlands; (3) The Agency shall restore and preserve natural and beneficial floodplain values; and (4) The Agency shall preserve and enhance natural and beneficial wetland values. (c) Minimization provisions. The Agency shall minimize: (1) Potential harm to lives and the investment from flooding based on flood elevations as established by § 9.7(c); (2) Potential adverse impacts the action may have on others; and (3) Potential adverse impact the action may have on floodplain and wetland values. (d) Minimization Standards. The Agency shall apply, at a minimum, the following standards to its actions to comply with the requirements of paragraphs (b) and (c) of this section (except as provided in § 9.5(c), (d), and (g) regarding categories of partial or total exclusion). Any Agency action to which the following specific requirements do not apply, shall nevertheless be subject to the full 8-step process (§ 9.6) including the general requirement to minimize harm to and within floodplains: (1) There shall be no new construction or substantial improvement in a floodway and no new construction in a coastal high hazard area, except for: (i) A functionally dependent use; or (ii) A structure or facility which facilitates an open space use. (2) For a structure which is a functionally dependent use or which facilitates an open space use, the following applies: Any construction of a new or substantially improved structure in a coastal high hazard area must be elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that the lowest portio… | |||||
| 44:44:1.0.1.1.10.0.9.12 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.12 Final public notice. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983; 89 FR 57045, July 11, 2024] | If the Agency decides to take an action in or affecting a floodplain or wetland, it shall provide the public with a statement of its final decision and shall explain the relevant factors considered by the Agency in making this determination. (a) In addition, those sent notices under § 9.8 shall also be provided the final notice. (b) For actions for which an environmental impact statement is being prepared, the FEIS is adequate to constitute final notice in all cases except where: (1) Significant modifications are made in the FEIS after its initial publication; (2) Significant modifications are made in the development plan for the proposed action; or (3) Significant new information becomes available in the interim between issuance of the FEIS and implementation of the proposed action. If any of these situations develop, the Agency shall prepare a separate final notice that contains the contents of paragraph (e) of this section and shall make it available to those who received the FEIS. A minimum of 15 days shall, without good cause shown, be allowed for comment on the final notice. (c) For actions for which an environmental assessment was prepared, the Notice of No Significant Impact is adequate to constitute final public notice, if it includes the information required under paragraph (e) of this section. (d)(1) For all other actions, the finding shall be made in a document separate from those described in paragraphs (a), (b), and (c) of this section. Based on an assessment of the following factors, the requirement for final notice may be met in a cumulative manner: (i) Scale of the action; (ii) Potential for controversy; (iii) Degree of public need; (iv) Number of affected agencies and individuals; (v) Its anticipated potential impact; and (vi) Similarity of the actions, i.e., to the extent that they are susceptible of common descriptions and assessments. (2) When a damaged structure or facility is already being repaired by the State or local government at the time of the project application, the r… | |||||
| 44:44:1.0.1.1.10.0.9.13 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.13 Particular types of temporary housing. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 49 FR 35584, Sept. 10, 1984; 50 FR 40006, Oct. 1, 1985; 89 FR 57045, July 11, 2024] | (a) This section sets forth the procedures whereby the Agency will provide certain specified types of temporary housing at a private, commercial, or group site. (b) Prior to providing the temporary housing described in paragraph (a) of this section, the Agency shall comply with the provisions of this section. For temporary housing not enumerated above, the full 8-step process ( see § 9.6) applies. (c) The actions described in paragraph (a) of this section are subject to the following decision-making process: (1) The temporary housing action shall be evaluated in accordance with the provisions of § 9.7 to determine if it is in or affects the 1 percent annual chance (base) floodplain or wetland. (2) No temporary housing unit may be placed on a site in a floodway or coastal high hazard area. (3) An individual or family shall not be housed in the 1 percent annual chance (base) floodplain or wetland unless the Regional Administrator has complied with the provisions of § 9.9 to determine that such site is the only practicable alternative. The following factors shall be substituted for the factors in § 9.9(c) and (e)(2) through (4): (i) Speedy provision of temporary housing; (ii) Potential flood risk to the temporary housing occupant; (iii) Cost effectiveness; (iv) Social and neighborhood patterns; (v) Timely availability of other housing resources; and (vi) Potential harm to the floodplain or wetland. (4) For temporary housing units at group sites, Step 4 of the 8-step process shall be applied in accordance with § 9.10. (5) An individual or family shall not be housed in a floodplain or wetland (except in existing resources) unless the Regional Administrator has complied with the provisions of § 9.11 to minimize harm to and within floodplains and wetlands. The following provisions shall be substituted for the provisions of § 9.11(d) for temporary housing units: (i) No temporary housing unit may be placed unless it is elevated to the fullest extent practicable up to the base flood elevation and adequately … | |||||
| 44:44:1.0.1.1.10.0.9.14 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.14 Disposal of Agency property. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57045, July 11, 2024] | (a) This section sets forth the procedures whereby the Agency shall dispose of property. (b) Prior to its disposal by sale, lease or other means of disposal, property proposed to be disposed of by the Agency shall be reviewed according to the decision-making process set out in § 9.6 of this part, as follows: (1) The property shall be evaluated in accordance with the provisions of § 9.7 to determine if it affects or is affected by a floodplain or wetland; (2) The public shall be notified of the proposal and involved in the decision-making process in accordance with the provisions of § 9.8; (3) Practicable alternatives to disposal shall be evaluated in accordance with the provisions of § 9.9. For disposals, this evaluation shall focus on alternative actions (conveyance for an alternative use that is more consistent with the floodplain management and wetland protection policies set out in § 9.2 than the one proposed, e.g., open space use for park or recreational purposes rather than high intensity uses), and on the “no action” option (retain the property); (4) Identify the potential impacts and support of floodplain and wetland development associated with the disposal of the property in accordance with § 9.10; (5) Identify the steps necessary to minimize, restore, preserve and enhance in accordance with § 9.11. For disposals, this analysis shall address all four of these components of mitigation where unimproved property is involved, but shall focus on minimization through elevation or floodproofing and restoration of natural values where improved property is involved; (6) Reevaluate the proposal to dispose of the property in light of its exposure to the flood hazard and its natural values-related impacts, in accordance with § 9.9. This analysis shall focus on whether it is practicable in light of the findings from §§ 9.10 and 9.11 to dispose of the property, or whether it must be retained. If it is determined that it is practicable to dispose of the property, this analysis shall identify the practicable alte… | |||||
| 44:44:1.0.1.1.10.0.9.15 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.15 Planning programs affecting land use. | FEMA | The Agency shall take floodplain management into account when formulating or evaluating any water and land use plans. No plan may be approved unless it: (a) Reflects consideration of flood hazards and floodplain management and wetlands protection; and (b) Prescribes planning procedures to implement the policies and requirements of the Orders and this regulation. | ||||||
| 44:44:1.0.1.1.10.0.9.16 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.16 Guidance for applicants. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57046, July 11, 2024] | (a) The Agency shall encourage and provide adequate guidance to applicants for agency assistance to evaluate the effects of their plans and proposals in or affecting floodplains and wetlands. (b) This shall be accomplished primarily through amendment of all Agency instructions to applicants, and also through contact made by agency staff during the normal course of their activities, to fully inform prospective applicants of: (1) The Agency's policy on floodplain management and wetlands protection as set out in § 9.2; (2) The decision-making process to be used by the Agency in making the determination of whether to take an action in or affecting floodplains or wetlands as set out in § 9.6; (3) The practicability analysis as set out in § 9.9; (4) The mitigation responsibilities as set out in § 9.11; (5) The public notice and involvement process as set out in §§ 9.8 and 9.12; and (6) The supplemental requirements applicable to applications for the lease or other disposal of Agency owned properties set out in § 9.14. (c) Guidance to applicants shall be provided, where possible, prior to the time of application in order to minimize potential delays in the Agency's processing of the application due to failure of applicants to follow the provisions in this part. | |||||
| 44:44:1.0.1.1.10.0.9.17 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.17 Instructions to applicants. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57046, July 11, 2024] | (a) Purpose. In accordance with Executive Orders 11988, as amended, and 11990, the Federal executive agencies must respond to a number of floodplain management and wetland protection responsibilities before carrying out any of their activities, including the provision of Federal financial and technical assistance. This section provides notice to applicants for Agency assistance of both the criteria that FEMA is required to follow, and the applicants' responsibilities under this part. (b) Responsibilities of applicants. Based upon the guidance provided by the Agency under § 9.16, the guidance included in the U.S. Water Resources Council's Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, and based upon the provisions of the Orders and this part, applicants for Agency assistance shall recognize and reflect in their application: (1) The Agency's policy on floodplain management and wetlands protection as set out in § 9.2; (2) The decision-making process to be used by the Agency in making the determination of whether to provide the requested assistance as set out in § 9.6; (3) The practicability analysis as set out in § 9.9; (4) The mitigation responsibilities as set out in § 9.11; (5) The public notice and involvement process as set out in §§ 9.8 and 9.12; and (6) The supplemental requirements for application for the lease or other disposal of Agency-owned properties, as set out in § 9.13. (c) Provision of supporting information. Applicants for Agency assistance may be required to provide supporting information relative to the various responsibilities set out in paragraph (b) of this section as a prerequisite to the approval of their applications. (d) Approval of applicants. Applications for Agency assistance shall be reviewed for compliance with the provisions in this part in addition to the Agency's other approval criteria. | |||||
| 44:44:1.0.1.1.10.0.9.18 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.18 Responsibilities. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 49 FR 33879, Aug. 27, 1984; 74 FR 15336, Apr. 3, 2009; 89 FR 57046, July 11, 2024] | (a) Regional Administrators' responsibilities. Regional Administrators shall, for all actions falling within their respective jurisdictions: (1) Implement the requirements of the Orders and this part. Under §§ 9.2 and 9.6 through 9.13 and 9.15 where a direction is given to the Agency, it is the responsibility of the Regional Administrator. (2) Consult with the Chief Counsel regarding any question of interpretation concerning this regulation or the Orders. (b) The Heads of the Offices, Directorates and Administrations of FEMA shall: (1) Implement the requirements of the Orders and this regulation. When a decision of a Regional Administrator relating to disaster assistance is appealed, FEMA Resilience may make determinations under this part on behalf of the Agency. (2) Prepare and submit to the Office of Chief Counsel reports to the Office of Management and Budget in accordance with section 2(b) of Executive Order 11988, as amended, and section 3 of Executive Order 11990. If a proposed action is to be located in a floodplain or wetland, any requests to the Office of Management and Budget for new authorizations or appropriations shall be accompanied by a report indicating whether the proposed action is in accord with the Orders and these regulations. | |||||
| 44:44:1.0.1.1.10.0.9.2 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.2 Policy. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57038, July 11, 2024] | (a) FEMA shall take no action unless and until the requirements of this regulation are complied with. (b) The Agency will provide leadership in floodplain management and the protection of wetlands, informed by the best available and actionable science, to bolster the resilience of communities and Federal assets against the impacts of flooding, which are anticipated to increase over time due to the effects of changing conditions which adversely affect the environment, economic prosperity, public health and safety, and national security. (c) The Agency shall integrate the goals of the Orders to the greatest possible degree into its procedures for implementing the National Environmental Policy Act (42 U.S.C. 4321 et seq. ). (d) The Agency shall: (1) Minimize the impact of floods on human health, safety, and welfare; (2) Avoid long- and short-term adverse impacts associated with the occupancy and modification of floodplains and the destruction and modification of wetlands; (3) Avoid direct and indirect support of floodplain development and new construction in wetlands wherever there is a practicable alternative; (4) Reduce the risk of flood loss; (5) Promote the use of nonstructural flood protection methods to reduce the risk of flood loss; (6) Minimize the destruction, loss, or degradation of wetlands; (7) Restore and preserve the natural and beneficial values served by floodplains; (8) Preserve and enhance the natural values of wetlands; (9) Involve the public throughout the floodplain management and wetlands protection decision-making process; (10) Adhere to the objectives of the Unified National Program for Floodplain Management; and (11) Improve and coordinate the Agency's plans, programs, functions, and resources so that the Nation may attain the widest range of beneficial uses of the environment without degradation or risk to health and safety. | |||||
| 44:44:1.0.1.1.10.0.9.3 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.3 Severability. | FEMA | [89 FR 57038, July 11, 2024] | Any provision of this part held to be invalid or unenforceable as applied to any action should be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is that the provision of this part is invalid and unenforceable in all circumstances, in which event the provision should be severable from the remainder of this subpart and shall not affect the remainder thereof. | |||||
| 44:44:1.0.1.1.10.0.9.4 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.4 Definitions. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 50 FR 40006, Oct. 1, 1985; 74 FR 15335, Apr. 3, 2009; 89 FR 57038, July 11, 2024; 89 FR 82182, Oct. 10, 2024] | The following definitions shall apply throughout this regulation. 0.2 percent annual chance flood elevation means the elevation to which floodwater is anticipated to rise during the 0.2 percent annual chance flood (also known as the 500-year flood). 0.2 percent annual chance floodplain means the area subject to flooding by the 0.2 percent annual chance flood (also known as the 500-year floodplain). 1 percent annual chance flood elevation —see the definition of base flood elevation in this section. 1 percent annual chance floodplain means the area subject to flooding by the 1 percent annual chance flood (also known as the 100-year floodplain or base floodplain). Action means (1) Acquiring, managing, and disposing of Federal lands and facilities; (2) Providing federally undertaken, financed, or assisted construction and improvements; and (3) Conducting Federal activities and programs affecting land use, including, but not limited to, water and related land resources, planning, regulating, and licensing activities. Action subject to the Federal Flood Risk Management Standard (FFRMS) means any action where FEMA funds are used for new construction, substantial improvement, or to address substantial damage to a structure or facility. Actions affecting or affected by floodplains or wetlands means actions which have the potential to result in the long- or short-term impacts associated with: (1) The occupancy or modification of floodplains, and the direct or indirect support of floodplain development, or (2) The destruction and modification of wetlands and the direct or indirect support of new construction in wetlands. Administrator means the Administrator of the Federal Emergency Management Agency. Agency means the Federal Emergency Management Agency (FEMA). Agency Assistance means grants for projects or planning activities, loans, and all other forms of financial or technical assistance provided by the Agency. Base flood elevation means the elevation to which floodwater is anticipated to rise… | |||||
| 44:44:1.0.1.1.10.0.9.5 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.5 Scope. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 49 FR 35583, Sept. 10, 1984; 50 FR 40006, Oct. 1, 1985; 51 FR 39531, Oct. 29, 1986; 66 FR 57347, Nov. 14, 2001; 89 FR 57040, July 11, 2024] | (a) Applicability. (1) These regulations apply to all Agency actions which have the potential to affect floodplains or wetlands or their occupants, or which are subject to potential harm by location in floodplains or wetlands. (2) The basic test of the potential of an action to affect floodplains or wetlands is the action's potential (both by itself and when viewed cumulatively with other proposed actions) to result in the long- or short-term adverse impacts associated with: (i) The occupancy or modification of floodplains, and the direct and indirect support of floodplain development; or (ii) The destruction or modification of wetlands and the direct or indirect support of new construction in wetlands. (3) The amendments to this part made on September 9, 2024 apply to new actions for which assistance is made available pursuant to declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 on or after September 9, 2024 and new actions for which assistance is made available pursuant to notices of funding opportunities published on or after September 9, 2024. For ongoing actions for which assistance was made available prior to that date, legacy program regulations (available at http://www.fema.gov ) shall apply. (b) Limited exemption of ongoing actions involving wetlands located outside the floodplains. (1) Executive Order 11990, Protection of Wetlands, contains a limited exemption not found in Executive Order 11988, Floodplain Management, as amended. Therefore, this exemption applies only to actions affecting wetlands which are located outside the floodplains, and which have no potential to result in harm to or within floodplains or to support floodplain development. (2) The following proposed actions that impact wetlands located outside of floodplains are exempt from this regulation: (i) Agency-assisted or permitted projects which were under construction before May 24, 1977; and (ii) Projects for which the Agency has proposed a draft of a final environmental impact … | |||||
| 44:44:1.0.1.1.10.0.9.6 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.6 Decision-making process. | FEMA | [89 FR 57041, July 11, 2024] | (a) Purpose. This section sets out the floodplain management and wetlands protection decision-making process to be followed by the Agency in applying the Orders to its actions. The numbering of Steps 1 through 8 does not require that the steps be followed sequentially. As information is gathered through the decision-making process, and as additional information is needed, reevaluation of lower numbered steps may be necessary. (b) Decision-making process. Except as otherwise provided in § 9.5 regarding categories of partial or total exclusion when proposing an action, the Agency shall apply the 8-step decision-making process. FEMA shall: (1) Step 1. Determine whether the proposed action is located in a floodplain and/or a wetland as established by § 9.7; and whether it has the potential to affect or be affected by a floodplain or wetland (see § 9.7); (2) Step 2. Notify the public at the earliest possible time of the intent to carry out an action in a floodplain or wetland, and involve the affected and interested public in the decision-making process (see § 9.8); (3) Step 3. Identify and evaluate practicable alternatives to locating the proposed action in a floodplain or wetland (including alternative sites, actions, natural features, nature-based approaches, and the “no action” option) (see § 9.9). If a practicable alternative exists outside the floodplain or wetland FEMA must locate the action at the alternative site. (4) Step 4. Identify the potential direct and indirect impacts associated with the occupancy or modification of floodplains and wetlands and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action (see § 9.10); (5) Step 5. Minimize the potential adverse impacts to or within floodplains and wetlands and minimize support of floodplain and wetland development identified under Step 4. Restore and preserve the natural and beneficial values served by floodplains, and preserve and enhance the natural and beneficial value… | |||||
| 44:44:1.0.1.1.10.0.9.7 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.7 Determination of proposed action's location. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 47 FR 13149, Mar. 29, 1982; 49 FR 33879, Aug. 27, 1984; 50 FR 40006, Oct. 1, 1985; 51 FR 34605, Sept. 30, 1986; 89 FR 57042, July 11, 2024] | (a) Purpose. This section establishes Agency procedures for determining whether any action as proposed is located in or affects a floodplain established in paragraph (c) of this section or a wetland. (b) Information needed. (1) The Agency shall obtain enough information so that it can fulfill the requirements in this part to: (i) Avoid Federal action in floodplain and wetland locations unless they are the only practicable alternatives; and (ii) Minimize harm to and within floodplains and wetlands. (2) In all cases, FEMA shall determine whether the proposed action is located in a floodplain or wetland. Information about the floodplain as established by paragraph (c) of this section and the location of floodways and coastal high hazard areas may also be needed to comply with this part, especially § 9.11. (3) The following additional current and future flooding characteristics may be identified by the Regional Administrator as applicable: (i) Velocity of floodwater; (ii) Rate of rise of floodwater; (iii) Duration of flooding; (iv) Available warning and evacuation time and routes; (v) Special problems: (A) Levees; (B) Erosion; (C) Subsidence; (D) Sink holes; (E) Ice jams; (F) Debris load; (G) Pollutants; (H) Wave heights; (I) Groundwater flooding; (J) Mudflow. (vi) Any other applicable flooding characteristics. (c) Floodplain determination. In the absence of a finding to the contrary, FEMA will determine that a proposed action involving a facility or structure that has been flooded previously is in the floodplain. In determining if a proposed action is in the floodplain: (1) FEMA shall determine whether the action is an action subject to the FFRMS as defined in § 9.4. (i) If the action is an action subject to the FFRMS, FEMA shall establish the FFRMS floodplain area and associated flood elevation by using the process specified in (c)(3) of this section and one of the following approaches: (A) Climate-Informed Science Approach (CISA): Using a climate-informed science approach that uses t… | |||||
| 44:44:1.0.1.1.10.0.9.8 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.8 Public notice requirements. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983; 89 FR 57042, July 11, 2024] | (a) Purpose. This section establishes the initial notice procedures to be followed when the Agency proposes any action in or affecting floodplains or wetlands. (b) General. The Agency shall provide adequate information to enable the public to have impact on the decision outcome for all actions having potential to affect, adversely, or be affected by floodplains or wetlands that it proposes. To achieve this objective, the Agency shall: (1) Provide the public with adequate information and opportunity for review and comment at the earliest possible time and throughout the decision-making process; and upon completion of this process, provide the public with an accounting of its final decisions (see § 9.12); and (2) Rely on its environmental assessment processes, to the extent possible, as vehicles for public notice, involvement and explanation. (c) Early public notice. The Agency shall provide opportunity for public involvement in the decision-making process through the provision of public notice upon determining that the proposed action can be expected to affect or be affected by floodplains or wetlands. Whenever possible, notice shall precede major project site identification and analysis in order to preclude the foreclosure of options consistent with the Orders. (1) For an action for which an environmental impact statement is being prepared, the Notice of Intent to File an EIS constitutes the early public notice if it includes the information required under paragraph (c)(5) of this section. (2) For each action having national significance for which notice is being provided, the Agency at a minimum shall provide notice by publication in the Federal Register and shall provide notice by mail to national organizations reasonably expected to be interested in the action. The additional notices listed in paragraph (c)(4) of this section shall be used in accordance with the determination made under paragraph (c)(3) of this section. (3) The Agency shall determine whether it has provided appropriate notices, … | |||||
| 44:44:1.0.1.1.10.0.9.9 | 44 | Emergency Management and Assistance | I | A | 9 | PART 9—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | § 9.9 Analysis and reevaluation of practicable alternatives. | FEMA | [45 FR 59526, Sept. 9, 1980, as amended at 89 FR 57043, July 11, 2024; 89 FR 82182, Oct. 10, 2024] | (a) Purpose. (1) This section expands upon the directives set out in § 9.6 of this part in order to clarify and emphasize the requirements to avoid floodplains and wetlands unless there is no practicable alternative. (2) Step 3 is a preliminary determination as to whether the floodplain is the only practicable location for the action. It is a preliminary determination because it comes early in the decision-making process when the Agency has a limited amount of information. If it is clear that there is a practicable alternative, or the floodplain or wetland is itself not a practicable location, FEMA shall then act on that basis. Provided that the location outside the floodplain or wetland does not indirectly impact floodplains or wetlands or support development therein (see § 9.10), the remaining analysis set out by this regulation is not required. If such location does indirectly impact floodplains or wetlands or support development therein, the remaining analysis set out by this regulation is required. If the preliminary determination is to act in the floodplain, FEMA shall gather the additional information required under Steps 4 and 5 and then reevaluate all the data to determine if the floodplain or wetland is the only practicable alternative. (b) Analysis of practicable alternatives. The Agency shall identify and evaluate practicable alternatives to carrying out a proposed action in floodplains or wetlands, including: (1) Alternative sites outside the floodplain or wetland; (2) Alternative actions which serve essentially the same purpose as the proposed action, but which have less potential to affect or be affected by the floodplain or wetlands. In developing the alternative actions, the Agency shall use, where possible, natural systems, ecosystem processes, and nature-based approaches; and (3) No action. The floodplain and wetland site itself must be a practicable location in light of the factors set out in this section. (c) The Agency shall analyze the following factors in determining the practi… |
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