CFS Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the National Flood Insurance Program (NFIP), what is the minimum freeboard requirement above Base Flood Elevation (BFE) for new residential construction in a standard participating community?
- No freeboard is federally required; communities may adopt their own (Correct answer)
- 1 foot above BFE is federally mandated for all communities
- 2 feet above BFE is the federal minimum standard
- 0.5 feet above BFE is the federal baseline
Correct answer: No freeboard is federally required; communities may adopt their own
FEMA's minimum NFIP standards do not mandate freeboard; communities may voluntarily adopt freeboard requirements above the federal baseline.
Question 2: Which federal statute establishes the legal foundation for the National Flood Insurance Program?
- Clean Water Act of 1972
- National Flood Insurance Act of 1968 (Correct answer)
- Stafford Disaster Relief and Emergency Assistance Act
- Coastal Zone Management Act of 1972
Correct answer: National Flood Insurance Act of 1968
The National Flood Insurance Act of 1968 created the NFIP and authorized the federal government to make flood insurance available.
Question 3: A community receives a Letter of Map Revision (LOMR) effective date notification. Under 44 CFR, within how many days must the community adopt required floodplain management ordinance amendments to remain in compliance?
- 30 days
- 60 days
- 90 days (Correct answer)
- 6 months
Correct answer: 90 days
Communities must adopt and submit ordinance amendments within 6 months — wait, actually per 44 CFR §60.3, communities must comply within the timeframe specified in the FIRM effective date notice, typically requiring adoption before the FIRM effective date. The standard compliance window is 6 months from notification. Under 44 CFR §60.3, the community must adopt revised ordinances by the effective date of the new FIRM, and FEMA provides at least 6 months notice before that date.
Question 4: What action does FEMA take when a community is placed on probation under the NFIP?
- Flood insurance policies in the community are cancelled
- A $50 surcharge is added to all flood insurance policies in the community (Correct answer)
- The community is immediately suspended from the NFIP
- Federal disaster assistance is withheld from the community
Correct answer: A $50 surcharge is added to all flood insurance policies in the community
During NFIP probation, a $50 surcharge is added to each flood insurance policy in the community as a penalty for non-compliance.
Question 5: Under NFIP regulations, the term 'substantial improvement' is triggered when renovation costs exceed what percentage of a structure's pre-improvement market value?
- 25%
- 40%
- 50% (Correct answer)
- 75%
Correct answer: 50%
Substantial improvement occurs when the cost of improvement equals or exceeds 50% of the structure's pre-improvement market value, requiring the structure to meet current floodplain standards.
Question 6: A Floodplain Administrator discovers an existing structure in the floodway was built without a permit and violates NFIP regulations. What is the appropriate first regulatory step?
- Issue a variance retroactively to legalize the structure
- Issue a stop-work order and require as-built documentation
- Notify the property owner of the violation and require remediation (Correct answer)
- Immediately suspend the community from the NFIP
Correct answer: Notify the property owner of the violation and require remediation
The proper first step is to notify the property owner of the non-compliant condition and require corrective action through the community's violation resolution process.
Question 7: Which provision in NFIP regulations defines the regulatory floodway as the channel of a river plus the portion of the overbank areas needed to convey the 1% annual chance flood without increasing water surface elevation by more than how many feet?
- 0.5 feet
- 1.0 foot (Correct answer)
- 1.5 feet
- 2.0 feet
Correct answer: 1.0 foot
The regulatory floodway is delineated so that encroachment does not increase the 1% annual chance flood elevation by more than 1.0 foot, per 44 CFR §60.3(d).
CFS Regulatory Compliance & Legal Framework 2
Under the National Flood Insurance Program (NFIP), what is the minimum freeboard requirement above Base Flood Elevation (BFE) for new residential construction in a standard participating community?