Denials
Learn when and why flood insurance can be denied under Section 1316 of the National Flood Insurance Act—and how to resolve violations to restore coverage.
1316 Property Declarations and Rescissions
Section 1316 of the National Flood Insurance Act of 1968 states that new flood insurance cannot be issued for any property that has been officially declared by a state or local zoning authority or other authorized agency to be in violation of laws or regulations designed to limit development or use in flood-prone areas.
Insurance coverage can be reinstated once the violation is corrected and the 1316 Declaration is officially withdrawn by FEMA. For this report, please log into the Pivot Portal. Then navigate to PART Reports and search for Report “1316 Property Declarations and Rescissions”.
Definition / Description:
Section 1316 of the National Flood Insurance Act of 1968 (as amended) allows the Administrator to deny flood insurance coverage for any property that has been officially declared by a state or local authority to be in violation of floodplain management regulations.
When an authorized state or local official declares that a building is in violation, the Administrator is required to deny flood insurance coverage. This can be done as long as the official has the proper authority and the violated law or regulation was meant to limit the development or use of land in a flood-prone area.
Section 1316 is intended to support local enforcement efforts when a community is unable to achieve compliance through its regulations. It provides an additional tool, rather than only serving as a way to remove high-risk properties from insurance coverage. Section 1316 will only be used when a state or community formally requests it for that specific purpose.
National Flood Insurance Program (NFIP) Requirement:
- 61.5 (a) Denial of Insurance
- eCFR - Part 73 — Implementation of Section 1316 of the National Flood Insurance Act of 1968