Skip to Content

Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


Federal Emergency Management Agency, FEMA.


Proposed rule.


Technical information or comments are requested on the proposed base (1% annual chance) flood elevations and proposed base flood elevation modifications for the communities listed below. The base flood elevations are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


The proposed base flood elevations for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the following table.

Start Further Info Start Printed Page 35782


Matthew B. Miller, P.E., Chief, Hazards Study Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail)

End Further Info End Preamble Start Supplemental Information


The Federal Emergency Management Agency (FEMA or Agency) proposes to make determinations of base flood elevations and modified base flood elevations for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and modified base flood elevations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, state or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings.

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Acting Executive Associate Director, Mitigation Directorate, certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared.

Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform. This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

Start List of Subjects

List of Subjects in 44 CFR Part 67

  • Administrative practice and procedure
  • Flood insurance
  • Reporting and recordkeeping requirements
End List of Subjects

Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

Start Part


1. The authority citation for Part 67 continues to read as follows:

Start Authority

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

End Authority

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Source of floodingLocation#Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD)Communities affected
Charlotte County
Auburn WaterwayAt the confluence with Pellam WaterwayNone*8Charlotte County (Unincorporated Areas)
At Hillsborough BoulevardNone*12
Broad CreekAt the upstream side of Copley DriveNone*8/9Charlotte County
Approximately 1 mile upstream of Airport RoadNone*12(Unincorporated Areas)
Broad Creek TributaryAt the confluence with Broad Creek*8*10Charlotte County
Just upstream of Piper RoadNone*23(Unincorporated Areas)
Courtland WaterwayAt the confluence with Auburn WaterwayNone*8Charlotte County (Unincorporated Areas)
At Hillsborough BoulevardNone*13
Crestview-LionheartAt the confluence with Crestview WaterwayNone*16Charlotte County (Unincorporated Areas)
Connector WaterwayAt divergence from Lionheart WaterwayNone*16
Crestview WaterwayAt the confluence with West Spring LakeNone*9Charlotte County (Unincorporated Areas)
At Hillsborough BoulevardNone*16
Delavan WaterwayAt the confluence with Fordham WaterwayNone*21Charlotte County (Unincorporated Areas)
Approximately 475 feet upstream of Comstock BoulevardNone*21
Elkcam WaterwayApproximately 1,900 feet upstream of U.S. Route 41None*9Charlotte County (Unincorporated Areas)
Approximately 1.2 miles upstream of Peachland BoulevardNone*19
Fordham WaterwayApproximately 1,750 feet upstream of U.S. Route 41None*9Charlotte County (Unincorporated Areas)
Approximately 1.0 mile upstream of Peachland BoulevardNone*21
Kings Highway East OutfallAt the downstream side of Westchester BoulevardNone*9Charlotte County (Unincorporated Areas)
Approximately 780 feet upstream of Suncoast BoulevardNone*13
Kings Highway West OutfallApproximately 150 feet upstream of Westchester Boulevard*9*10Charlotte County (Unincorporated Areas)
Start Printed Page 35783
Approximately 1,080 feet upstream of MacDougall AvenueNone*16
Lionheart WaterwayAt the county boundaryNone*19Charlotte County
Approximately 170 feet upstream of U.S. Route 41None*9(Unincorporated Areas)
Newgate WaterwayApproximately 1.2 miles upstream of the confluence with Early WaterwayNone*8Charlotte County (Unincorporated Areas)
Approximately 2.2 miles upstream of Jenning's BoulevardNone*10
Niagara WaterwayAt the confluence with Fordham WaterwayNone*9Charlotte County (Unincorporated Areas)
At Peachland BoulevardNone*19
Pellam WaterwayApproximately 2.1 miles upstream of Holly AvenueNone*8Charlotte County (Unincorporated Areas)
At Hillsborough BoulevardNone*14
Pelton Circle WaterwayAt the confluence with Crestview WaterwayNone*16Charlotte County (Unincorporated Areas)
Approximately 0.5 mile upstream of confluence with Crestview WaterwayNone*16
Rampart OutfallApproximately 0.3 mile upstream of Harborview RoadNone*9Charlotte County (Unincorporated Areas)
Just upstream of Rampart BoulevardNone*22
Sunset WaterwayAt the confluence with Lionheart WaterwayNone*13Charlotte County (Unincorporated Areas)
At County boundaryNone*20
Yale WaterwayAt the confluence with Fordham WaterwayNone*13Charlotte County (Unincorporated Areas)
Approximately 475 feet upstream of Sheehan BoulevardNone*14
Gulf of MexicoApproximately 1,200 feet southwest of the intersection of Gulf Boulevard and South Gulf Boulevard*17*16Charlotte County (Unincorporated Areas)
Approximately 200 feet east of the intersection of County Route 775 and Cap Haza Drive*11*10
Charlotte County (Unincorporated Area)
Maps available for inspection at the Charlotte County Community Development, Charlotte County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida
Send comments to Ms. Pamela Brangaccio, Charlotte County Administrator, 18500 Murdock Circle, Port Charlotte, Florida 33948.
Winnebago County
Arrowhead RiverApproximately 300 feet upstream of County Highway M*750*751Winnebago County (Unincorporated Areas)
Approximately 7,650 feet upstream of Woodland Road*755*757
Wolf RiverApproximately 1.7 miles upstream of mouth at Lake Poygan*750*751Winnebago County (Unincorporated Areas)
At County boundary*754*753
Mud Creek.Approximately 250 feet downstream of county boundary*743*744Winnebago County (Unincorporated Areas)
At County boundary*743*744
Eight Mile CreekAt the confluence with Rush CreekNone*817Winnebago County
Approximately 2,000 feet upstream of Knott Road*843*844(Unincorporated Areas)
Rush CreekAt upstream side of State Highway 116None*780Winnebago County
At the confluence of Eight Mile CreekNone*817(Unincorporated Areas)
Sawyer CreekDownstream side of North Westfield Street*754*753Winnebago County (Unincorporated Areas)
Approximately 1.2 miles upstream of Clairville RoadNone*811Oshkosh
Rush LakeEntire shoreline within communityNone*823Winnebago County (Unincorporated Areas)
Waukau CreekAt the confluence of Eight Mile CreekNone*817Winnebago County
Approximately 1.8 miles upstream of confluence of Eight Mile CreekNone*818(Unincorporated Areas)
Winnebago County (Unincorporated Areas)
Maps available for inspection at the Winnebago County Zoning Office, 448 Algoma Boulevard, Oshkosh, Wisconsin.
Send comments to Ms. Jane Van De Hey, Winnebago County Executive, P.O. Box 2808, Oshkosh, Wisconsin 54901.
Start Printed Page 35784
City of Oshkosh
Maps available for inspection at the Oshkosh City Hall. 215 Church Avenue, Oshkosh, Wisconsin.
Send comments to The Honorable Jon Dell'Antonia, Mayor of the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54903.
Start Signature

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: May 15, 2002.

Robert F. Shea,

Acting Administrator, Federal Insurance and Mitigation Administration.

End Signature End Part End Supplemental Information

[FR Doc. 02-12651 Filed 5-20-02; 8:45 am]