Special Flood Hazard Areas

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).