Other Requirements: Floodplain Management, Coastal Hazard Areas, and Runway Clear Zones
In addition to complying with NEPA requirements, the RE must also comply with other Federal requirements cited at § 58.6. Compliance outcomes must be documented and included as part of the ERR for each project subject to these requirements.
Floodplain Management covers the proposed acquisition, construction, improvement, disposition, financing, and use of properties located in a floodplain. For any development to be allowed in these areas, approval is required from HUD or a grant recipient (e.g. State or PJ) who is the responsible entity for environmental review under 24 CFR Part 58.
Whichfloodplain and insurance regulations must REs adhere to when implementing their HOME programs?
- Section 202 of the Flood Disaster Protection Act of 1973
Section 202 mandates that Federal funds shall not be provided to an area identified by the Federal Emergency Management Agency (FEMA) as having "special flood areas" unless the community is participating in the National Flood Insurance Program AND flood insurance protection is obtained as a condition of the approval of financial assistance to the property owner.
- National Flood Insurance Reform Act of 1994
Under this act, HUD disaster assistance may not be used to make payment (or loan assistance payment) to a person for repair, replacement or restoration for flood damage to any personal, residential or commercial property if:
- If the person had previously received federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and
- The person failed to obtain and maintain the flood insurance.
Coastal High Hazard Area: The area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. These areas are designated on a Flood Insurance Rate Map (FIRM) under FEMA regulations as Zone V1-30. Both the Coastal Barrier Resources Act and the Coastal Barrier Improvement Act prohibit HUD from assisting most activities proposed in the Coastal Barrier Resources System
Runway Clear Zones: In all cases involving HUD assistance, subsidy or insurance for the purchase or sale of existing property in a Runway Clear Zone ("Clear Zone," 24 CFR part 51), the RE shall advise the buyer that the affected property is located in such a zone. Further, the RE must inform the buyer of the implications of such a location, and that the property may be acquired by the airport operator in the future. The buyer must sign a statement acknowledging receipt of this information.