| (a) Local Flood Planning Amendment Requests. A Political
Subdivision in the FPR may request an RFPG to consider an amendment
to an adopted RFP based on changed conditions or new information.
An RFPG must formally consider such request within 180 days after
its receipt and shall amend its adopted RFP if it determines an amendment
is warranted.
(b) If the Political Subdivision is not satisfied with
the RFPG's decision on the issue, it may file a petition with the
EA to request review of the RFPG's decision and consider the amendment
to the approved RFP. The Political Subdivision shall send the petition
to the EA and the chair of the affected RFPG.
(1) The petition must include:
(A) the changed condition or new information that affects
the approved RFP;
(B) the specific sections and provisions of the approved
RFP that may be affected by the changed condition or new information;
(C) the efforts made by the Political Subdivision to
work with the RFPG to obtain an amendment; and
(D) any other information that may be useful to the
EA in determining whether an amendment is necessary.
(2) If the EA determines that the changed condition
or new information warrants a change in the approved RFP, the EA shall
request the RFPG to consider making the appropriate change. If the
RFPG does not amend its plan consistent with the request within 90
days, it shall provide a written explanation to the EA explaining
the reason for not amending the RFP, after which the EA may present
the issue to the Board for consideration at a public meeting. The
Board may then direct the RFPG to amend its RFP.
(c) Amendments to RFPs and State Flood Plan. An RFPG
may amend an adopted, Board-approved RFP at a regular RFPG meeting.
An RFPG must obtain Board approval of all amendments to RFPs under
the standards and procedures of this section. The RFPG may initiate
an amendment, or an entity may request an RFPG to amend its adopted,
Board-approved RFP.
(1) The RFPG shall hold a public meeting at which the
RFPG may choose to take action on the amendment. The amendment shall
be available for EA and public comment in accordance with §361.21
of this title.
(2) The RFPG amendment materials shall be submitted
to the EA and shall:
(A) include the RFPG responses to all comments received
on the amendment in associated with notice in §361.21 of this
title; and
(B) demonstrate that the amended RFP complies with
statute and rules including that it satisfies the requirements in
the guidance principles §362.3 of this title (relating to Guidance
Principles) and does not negatively affect a neighboring area.
(3) After adoption of the amendment, the RFPG shall
submit the amendment and its response to comment to the Board which
shall consider approval of the amendment following EA review of the
amendment.
(d) All amendments to an RFP must meet all the requirements
related to development of an RFP.
(e) Following amendments of RFPs, the Board shall make
any necessary amendments to the State Flood Plan as outlined in §362.4(b)
of this title (relating to State Flood Plan Guidelines).
(f) RFPGs may adopt errata to the final RFP to correct
minor, non-substantive errors identified after adoption of the final
RFP but prior to adoption of the corresponding State Flood Plan. Before
adopting errata to a final RFP, the RFPG must provide public notice
and receive comments in accordance with §361.21 of this title.
Upon adoption of the errata, the RFPG shall submit to the EA an errata
package containing revised pages of the RFP and public comments received.
The EA will notify the RFPG within 60 days whether the errata are
acceptable as errata or will need to be made through the amendment
process.
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