---
kind: "section"
citation: "42 U.S.C. § 4105"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4105"
heading: "Disaster mitigation requirements; notification to flood-prone areas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4105"
units:
  - "Chapter 50 — National Flood Insurance"
  - "Subchapter III — Coordination of Flood Insurance with Land-Management Programs in Flood-Prone Areas"
---

# §4105. Disaster mitigation requirements; notification to flood-prone areas

- (a) **Initial notification—** Not later than six months following December 31, 1973, the [Administrator](/usc/42/4003.md?p=a-6) shall publish information in accordance with [section 4101(1) of this title](/usc/42/4101.md), and shall notify the chief executive officer of each known [flood](/usc/42/4121.md?p=a-1)-prone [community](/usc/42/4003.md?p=a-1) not already participating in the [national flood insurance program](/usc/42/4004.md?p=a-4) of its tentative identification as a [community](/usc/42/4003.md?p=a-1) containing one or more areas having special [flood](/usc/42/4121.md?p=a-1) hazards.
- (b) **Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of administrative determination of existence or extent of flood hazard area—** After such notification, each tentatively identified [community](/usc/42/4003.md?p=a-1) shall either (1) promptly make proper application to participate in the [national flood insurance program](/usc/42/4004.md?p=a-4) or (2) within six months submit technical data sufficient to establish to the satisfaction of the [Administrator](/usc/42/4003.md?p=a-6) that the [community](/usc/42/4003.md?p=a-1) either is not seriously [flood](/usc/42/4121.md?p=a-1) prone or that such [flood](/usc/42/4121.md?p=a-1) hazards as may have existed have been corrected by [flood](/usc/42/4121.md?p=a-1)-works or other [flood](/usc/42/4121.md?p=a-1) control methods. The [Administrator](/usc/42/4003.md?p=a-6) may, in his discretion, grant a public hearing to any [community](/usc/42/4003.md?p=a-1) with respect to which conflicting data exist as to the nature and extent of a [flood](/usc/42/4121.md?p=a-1) hazard. If the [Administrator](/usc/42/4003.md?p=a-6) decides not to hold a hearing, the [community](/usc/42/4003.md?p=a-1) shall be given an opportunity to submit written and documentary evidence. Whether or not such hearing is granted, the [Administrator](/usc/42/4003.md?p=a-6)’s final determination as to the existence or extent of a [flood](/usc/42/4121.md?p=a-1) hazard area in a particular [community](/usc/42/4003.md?p=a-1) shall be deemed conclusive for the purposes of this Act if supported by substantial evidence in the record considered as a whole.
- (c) **Subsequent notification to additional communities known to be flood prone areas—** As information becomes available to the [Administrator](/usc/42/4003.md?p=a-6) concerning the existence of [flood](/usc/42/4121.md?p=a-1) hazards in [communities](/usc/42/4003.md?p=a-1) not known to be [flood](/usc/42/4121.md?p=a-1) prone at the time of the initial notification provided for by [subsection (a)](#a) of this section he shall provide similar notifications to the chief executive officers of such additional [communities](/usc/42/4003.md?p=a-1), which shall then be subject to the requirements of [subsection (b)](#b) of this section.
- (d) **Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program—** Formally identified [flood](/usc/42/4121.md?p=a-1)-prone [communities](/usc/42/4003.md?p=a-1) that do not qualify for the [national flood insurance program](/usc/42/4004.md?p=a-4) within one year after such notification or by the date specified in [section 4106 of this title](/usc/42/4106.md), whichever is later, shall thereafter be subject to the provisions of that section relating to [flood](/usc/42/4121.md?p=a-1)-prone [communities](/usc/42/4003.md?p=a-1) which are not participating in the program.
- (e) **Administrative procedures; establishment; reimbursement of certain expenses; appropriation authorization—** The [Administrator](/usc/42/4003.md?p=a-6) is authorized to establish administrative procedures whereby the identification under this section of one or more areas in the [community](/usc/42/4003.md?p=a-1) as having special [flood](/usc/42/4121.md?p=a-1) hazards may be appealed to the [Administrator](/usc/42/4003.md?p=a-6) by the [community](/usc/42/4003.md?p=a-1) or any [owner](/usc/42/13641.md?p=4) or lessee of real property within the [community](/usc/42/4003.md?p=a-1) who believes his property has been inadvertently included in a special [flood](/usc/42/4121.md?p=a-1) hazard area by the identification. When, incident to any appeal under this subsection, the [owner](/usc/42/13641.md?p=4) or lessee of real property or the [community](/usc/42/4003.md?p=a-1), as the case may be, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal which is successful in whole or part, the [Administrator](/usc/42/4003.md?p=a-6) shall reimburse such individual or [community](/usc/42/4003.md?p=a-1) to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the [Administrator](/usc/42/4003.md?p=a-6) in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. There is authorized to be appropriated for purposes of implementing this subsection not to exceed $250,000.

## Source credit

(Pub. L. 93–234, title II, § 201, Dec. 31, 1973, 87 Stat. 982; Pub. L. 95–128, title VII, § 704(d), Oct. 12, 1977, 91 Stat. 1146; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98–479, title II, § 204(j), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 112–141, div. F, title II, § 100238(a), July 6, 2012, 126 Stat. 958.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (b), means Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.

### Codification

Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

### Amendments

2012—Subsecs. (a) to (c), (e). Pub. L. 112–141 substituted “Administrator” for “Director” and “Administrator’s” for “Director’s” wherever appearing.

1984—Subsec. (e). Pub. L. 98–479 struck out quotation marks before “$250,000”.

1983—Subsecs. (a) to (c), (e). Pub. L. 98–181 substituted “Director” for “Secretary” and “Director’s” for “Secretary’s” wherever appearing.

1977—Subsec. (e). Pub. L. 95–128 added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.