Subchapter S. FLOOD PLAIN MANAGEMENT
Sec.
1.231. General.
1.232. Flood insurance.
1.233. Flood plain management.
1.234. Coordination of State agencies.
Source The provisions of this Subchapter S adopted by Executive Order No. 1978-4, dated March 1, 1978, 8 Pa.B. 785, unless otherwise noted.
§ 1.231. General.
Recurrent flooding of large areas of this Commonwealth presents serious hazards and causes adverse effects upon the health, safety, welfare, and property of the Commonwealth. Extensive expenditures of public and private funds have been required to effect the repair and replacement of property and facilities as a result of the disastrous effects of recurrent flooding.
§ 1.232. Flood insurance.
The National Flood Insurance Program (42 U.S.C.A. § 4001 et seq.) provides for much needed and desirable Federal insurance protection against the ravages of flood, mudslide and flood-related erosion. Federal regulations implementing this program have been published by the Department of Housing and Urban Development, Federal Insurance Administration (FIA), at CFR Chapter X, Subchapter B (41 Fed. Reg. 46962 (October 26, 1976)). The program includes provisions for states to insure or self-insure state-owned properties and facilities in special hazard areas.
§ 1.233. Flood plain management.
The FIA regulations represent minimum standards of flood plain management for Program participation and require the promulgation and enforcement of flood plain management regulations. To permit continued Commonwealth participation in this program of flood plain management, agencies under the Governor’s jurisdiction shall take the following actions:
(1) The Office of the Governor shall act as the coordinating agency in the implementation of the minimum Federal standards by the other agencies of State government. To achieve compliance with these minimum standards, each agency shall undertake the steps outlined as follows:
(i) Each agency shall promulgate regulations or directives, where appropriate, consistent with Constitutional and statutory limitations, to implement the minimum Federal requirements for flood plain management in areas of agency activity which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).
(ii) Effective immediately, each agency shall identify existing or proposed programs undertaken under and within the limits of its statutory authority which are or may be affected by the minimum Federal requirements as set forth in paragraph (2).
(iii) Each agency may consult directly with the FIA to assess the impact of the minimum requirements on its individual programs.
(iv) Each agency shall forward the result of its program review to the Governor at the earliest possible date.
(2) A development of (defined in the FIA regulations, 24 CFR 1909.1), new construction of or substantial improvements to State-owned properties and facilities in areas designated as special hazard areas by the FIA shall comply with minimum requirements for special hazard areas. These minimum requirements are set forth in 24 CFR 1910.3, 1910.4 and 1910.5.
(3) The Department of Community Affairs is hereby authorized to act as a repository for FIA flood information maps and other data that may be made available to the Commonwealth. The Department of Community Affairs shall notify other State agencies at regular intervals of the receipt of new maps and data.
(4) Agencies shall fully cooperate with each other in the exchange of data and technical expertise.
(5) As soon as possible after the issuance of this Executive Order, each agency shall have prepared for submission to FIA, regulations or directives, where appropriate, implementing the minimum Federal standards.
§ 1.234. Coordination of State agencies.
Additional instructions to assist and coordinate the uniform preparation of program reviews and the development of departmental regulations or directives shall be issued through the Directives Management System.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
