---
kind: "section"
citation: "12 C.F.R. § 22.4"
title: "12"
number: "22.4"
heading: "Exemptions."
url: "https://uscodex.org/cfr/12/22.4"
---

# §22.4. Exemptions.


The flood insurance requirement prescribed by [§ 22.3](/cfr/12/22.3.md) does not apply with respect to:

- (a) Any State-owned property covered under a policy of self-insurance satisfactory to the Administrator of FEMA, who publishes and periodically revises the list of States falling within this exemption;
- (b) Property securing any loan with an original principal balance of $5,000 or less and a repayment term of one year or less; or
- (c) Any structure that is a part of any residential property but is detached from the primary residential structure of such property and does not serve as a residence. For purposes of this [paragraph (c)](#c):
  - (1) “A structure that is a part of a residential property” is a structure used primarily for personal, family, or household purposes, and not used primarily for agricultural, commercial, industrial, or other business purposes;
  - (2) A structure is “detached” from the primary residential structure if it is not joined by any structural connection to that structure; and
  - (3) “Serve as a residence” shall be based upon the good faith determination of the national bank or Federal savings association that the structure is intended for use or actually used as a residence, which generally includes sleeping, bathroom, or kitchen facilities.

## Notes

### Authority

Authority: 12 U.S.C. 93a, 1462a, 1463, 1464, and 5412(b)(2)(B); 42 U.S.C. 4012a, 4104a, 4104b, 4106, and 4128.

### Source

Source: 80 FR 43240, July 21, 2015, unless otherwise noted.