HR5961-119

2. Agricultural structures in special flood hazard zones Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 (42 U.S.C. 4022(a)) is amended by adding at the end the following new paragraph: Notwithstanding any other provision of this Act— the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance. The requirements of this subparagraph with respect to a variance are as follows: The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas. In the case of new construction, such official has determined— that neither floodproofing nor elevation of the new structure to the base flood elevation is practicable; and that the structure is not located in— a designated regulatory floodway; an area riverward of a levee or other flood control structure; or an area subject to high velocity wave action or seaward of flood control structures. In the case of existing structures— if such structure is substantially damaged or in need of substantial repairs or improvements, such official has determined that neither floodproofing nor elevation to the base flood elevation is practicable; and if such structure is located within a designated regulatory flood­way, such official has determined that the repair or improvement does not result in any increase in base flood levels during the base flood discharge. Such official has determined that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Not more than one claim payment exceeding $1,000 has been made for the structure under flood insurance coverage under this title within any period of 10 consecutive years at any time prior to the granting of the variance. For purposes of this paragraph, the following definitions shall apply: The term agricultural structure has the meaning given such term in paragraph (2)(D). The term floodproofing means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure, including attendant utilities and equipment, that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents. Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsection: Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed or a comparable actuarial rate based upon the risk associated with structures within the applicable zone. (3)Allowable local variances for certain agricultural structures (A)RequirementNotwithstanding any other provision of this Act— (i)the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any agricultural structure that is located in an area having special flood hazards, a variance from compliance with the requirements to elevate or floodproof such a structure and meeting the requirements of subparagraph (B) may be granted; and (ii)the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance.This subparagraph shall not limit the ability of the Administrator to take enforcement action against a community that does not adopt adequate variance criteria or establish proper enforcement mechanisms. (B)Variance; considerationsThe requirements of this subparagraph with respect to a variance are as follows: (i)The variance is granted by an official from a duly constituted State or local zoning authority, or other authorized public body responsible for regulating land development or occupancy in flood-prone areas. (ii)In the case of new construction, such official has determined— (I)that neither floodproofing nor elevation of the new structure to the base flood elevation is practicable; and (II)that the structure is not located in— (aa)a designated regulatory floodway; (bb)an area riverward of a levee or other flood control structure; or (cc)an area subject to high velocity wave action or seaward of flood control structures. (iii)In the case of existing structures— (I)if such structure is substantially damaged or in need of substantial repairs or improvements, such official has determined that neither floodproofing nor elevation to the base flood elevation is practicable; and (II)if such structure is located within a designated regulatory flood­way, such official has determined that the repair or improvement does not result in any increase in base flood levels during the base flood discharge. (iv)Such official has determined that the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (v)Not more than one claim payment exceeding $1,000 has been made for the structure under flood insurance coverage under this title within any period of 10 consecutive years at any time prior to the granting of the variance. (C)DefinitionsFor purposes of this paragraph, the following definitions shall apply: (i)Agricultural structureThe term agricultural structure has the meaning given such term in paragraph (2)(D). (ii)FloodproofingThe term floodproofing means, with respect to a structure, any combination of structural and non-structural additions, changes, or adjustments to the structure, including attendant utilities and equipment, that reduce or eliminate potential flood damage to real estate or improved real property, water and sanitary facilities, structures, or their contents.. (n)Premium rates for certain agricultural structures with variancesNotwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any structure provided a variance pursuant to section 1315(a)(3) shall be the same as the rate that otherwise would apply to such structure if the structure had been dry floodproofed or a comparable actuarial rate based upon the risk associated with structures within the applicable zone..