42 USC 4022 - State and local land use controls

U.S Code last checked for updates: Nov 22, 2024

§ 4022.

State and local land use controls

(a)

Requirement for participation in flood insurance program

(1)

In general

(2)

Agricultural structures

(A)

Activity restrictions

Notwithstanding any other provision of law, the adequate land use and control measures required to be adopted in an area (or subdivision thereof) pursuant to paragraph (1) may provide, at the discretion of the appropriate State or local authority, for the repair and restoration to predamaged conditions of an agricultural structure that—

(i)

is a repetitive loss structure; or

(ii)

has incurred flood-related damage to the extent that the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(B)

Premium rates and coverage

(C)

Prohibition on disaster relief

(D)

Definitions

For purposes of this paragraph—

(i)

the term “agricultural structure” means any structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities; and

(ii)

the term “agricultural commodities” means agricultural commodities and livestock.

(b)

Community rating system and incentives for community floodplain management

(1)

Authority and goals

The Administrator shall carry out a community rating system program, under which communities participate voluntarily—

(A)

to provide incentives for measures that reduce the risk of flood or erosion damage that exceed the criteria set forth in section 4102 of this title and evaluate such measures;

(B)

to encourage adoption of more effective measures that protect natural and beneficial floodplain functions;

(C)

to encourage floodplain and erosion management; and

(D)

to promote the reduction of Federal flood insurance losses.

(2)

Incentives

(3)

Credits

(4)

Reports

(c)

Replacement of mobile homes on original sites

(1)

Community participation

The placement of any mobile home on any site shall not affect the eligibility of any community to participate in the flood insurance program under this chapter and the Flood Disaster Protection Act of 1973 (notwithstanding that such placement may fail to comply with any elevation or flood damage mitigation requirements), if—

(A)

such mobile home was previously located on such site;

(B)

such mobile home was relocated from such site because of flooding that threatened or affected such site; and

(C)

such replacement is conducted not later than the expiration of the 180-day period that begins upon the subsidence (in the area of such site) of the body of water that flooded to a level considered lower than flood levels.

(2)

Definition

(Pub. L. 90–448, title XIII, § 1315, Aug. 1, 1968, 82 Stat. 580; Pub. L. 91–152, title IV, § 410(b), 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. 103–325, title V, §§ 541, 580, Sept. 23, 1994, 108 Stat. 2268, 2285; Pub. L. 108–264, title I, § 108, June 30, 2004, 118 Stat. 724; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)

cite as: 42 USC 4022