42 U.S.C. § 4102 — Criteria for land management and use
submitted 58 years ago by Pub. L. 90-448 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 373 words · no verdicts yet
The Administrator may study how State and local governments manage flood-prone land and prevent flood damage. The Administrator must develop criteria and building-mitigation guidelines to encourage better protection from floods.
(a) Studies and investigations. The Administrator* may study and investigate whether State* and local measures for flood-prone areas are adequate for land management and use, flood control, flood zoning, and preventing flood damage. The Administrator must use existing facilities and services of Federal, State, and local agencies and other organizations as much as practicable, and may make contracts, agreements, and other arrangements for these studies.
(b) Extent of studies and investigations. The studies must include, among other things, laws, regulations, and ordinances about encroachments and obstructions in stream channels and floodways; orderly development and use of river and stream flood plains; floodway encroachment lines; flood-plain zoning; building codes and permits; and subdivision and other building restrictions.
(c) Development of comprehensive criteria designed to encourage adoption of adequate State and local measures. Based on these studies and any other information the Administrator considers necessary, the Administrator must periodically develop broad criteria to encourage adequate State and local measures that, as far as feasible, will—
(1) appropriately limit development on land exposed to flood damage;
(2) guide proposed construction away from places threatened by floods;
(3) help reduce flood damage; and
(4) otherwise improve long-term management and use of flood-prone areas.
The Administrator must work closely with State, interstate, and local agencies and give them needed technical help to encourage use of the criteria and adoption and enforcement of these measures.
(d) Flood mitigation methods for buildings. The Administrator must issue property-owner* guidelines that—
(1) give methods other than raising a building to reduce flood risk for residential buildings that cannot be raised because of their structure, including—
(A) kinds of building materials; and
(B) kinds of floodproofing; and
(2) tell property owners how using those methods may affect the risk-premium rates for flood insurance under the National Flood Insurance Program*.
The Administrator* is authorized to carry out studies and investigations, utilizing to the maximum extent practicable the existing facilities and services of other Federal departments or agencies, and State* and local governmental agencies, and any other organizations, with respect to the adequacy of State and local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention, and may enter into any contracts, agreements, or other appropriate arrangements to carry out such authority.
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.
On the basis of such studies and investigations, and such other information as he deems necessary, the Administrator shall from time to time develop comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will—
constrict the development of land which is exposed to flood damage where appropriate,
guide the development of proposed construction away from locations which are threatened by flood hazards,
assist in reducing damage caused by floods, and
otherwise improve the long-range land management and use of flood-prone areas,
and he shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of such criteria and the adoption and enforcement of such measures.
The Administrator shall establish guidelines for property owners that—
provide alternative methods of mitigation, other than building elevation, to reduce flood risk to residential buildings that cannot be elevated due to their structural characteristics, including—
types of building materials; and
types of floodproofing; and
inform property owners about how the implementation of mitigation methods described in paragraph (1) may affect risk premium rates for flood insurance coverage under the National Flood Insurance Program*.
Source credit: (Pub. L. 90–448, title XIII, § 1361, Aug. 1, 1968, 82 Stat. 587; Pub. L. 91–152, title IV, § 410(c), Dec. 24, 1969, 83 Stat. 397; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958; Pub. L. 113–89, § 26(a)(1), Mar. 21, 2014, 128 Stat. 1032.)
- 1968Enacted · Pub. L. 90-448 · 82 Stat. 587
- 1969Amended · Pub. L. 91-152 · 83 Stat. 397
- 1983Amended · Pub. L. 98-181 · 97 Stat. 1229
- 2012Amended · Pub. L. 112-141 · 126 Stat. 958
- 2014Amended · Pub. L. 113-89 · 128 Stat. 1032
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1968-08-01.
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