State Coordination and Participation with the Federal Insurance Administration
WHEREAS, the Federal Insurance Administration has promulgated and adopted regulations governing eligibility of State and local communities to participate in the National Flood Insurance Program, which participation depends on State coordination and the designation of an agency in the State of Alaska to be responsible for coordinating federal, State and local aspects of flood plain, mudslide (i.e., mudflow) area and flood-related erosion area management activities in the State of Alaska.
THEREFORE, I, JAY S. HAMMOND, Governor of the State of Alaska, by virtue of the authority vested in me by Article III, sections 1 and 24 of the Alaska Constitution order that:
Section 1. The Department of Transportation and Public Facilities is hereby designated as the agency to ensure the compliance of State capital improvements programs with Section 1910.12, Rules and Regulations of the Federal Insurance Administration, and to encourage a broad and unified effort to lessen the risk of flood losses in connection with State lands and installations and State financed or supported improvements. Specifically:
- Under the leadership and direction of the Department of Transportation and Public Facilities, all State agencies directly responsible for the construction of buildings, structures shall preclude the uneconomic, hazardous, or unnecessary use of flood plains in connection with such facilities. Flood proofing measures shall be applied to existing facilities where practicable in order to reduce flood damage potential.
- In the event of construction in the flood plain situated within the corporate boundaries of a city or borough, where said city or borough is a participant in the National Flood Insurance Program and has adopted land use regulations conforming to Sections 1910.3, 1910.4, and 1910.5 of the National Flood Insurance Regulations, as appropriate, then that construction shall comply with those local regulations as required in Alaska Statutes, Title 35, Chapter 10.
- In the event of construction in the flood plain situated ,in the unorganized borough, an unincorporated community, or an incorporated city or borough not participating in the National Flood Insurance Program, the criteria and standards specified in Sections 1910.3, 1910.4, and 1910.5 of the National Flood Insurance Program Regulations shall be applied to that construction.
Section 2. The Department of Community and Regional Affairs, as the State Coordinating Agency for the National Flood Insurance Program, shall assist State agencies in complying with this Administrative Order and the requirements of the National Flood Insurance Program. Such assistance shall be rendered in the following situations:
- All State agencies responsible for the administration of grant or loan programs involving the construction of buildings, structures, roads, or other facilities shall evaluate flood hazards in connection with such facilities and, in order to minimize the exposure of facilities to potential flood damage and the need for future State expenditures for flood protection and flood disaster relief, shall preclude the uneconomic1 hazardous, or unnecessary use of flood plains in such connection.
- All State agencies responsible for the disposal of lands or properties shall evaluate flood hazards in connection with lands or properties proposed for disposal to other public instrumentalities or private interests and, in order to minimize future State expenditures for flood protection and flood disaster relief, shall notify those instrumentalities and private interests that such hazards exist.
- All State agencies responsible for programs which affect land use planning, including State permit programs, shall take flood hazards into account when evaluating plans and permits and shall encourage land use appropriate to the degree of hazard involved.
Section 3. As permitted by law, the head of each State affected agency shall adopt appropriate regulations to govern the carrying out of the provisions of Section 1 of this order by that agency to be coordinated with the Department of Transportation and Public Facilities.
Section 4. This order takes effect on January 24 1978.
DATED this 24day of January 1978.
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska