StacksVerified U.S. regulatory reference

12 CFR §339.4

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
The flood insurance requirement prescribed by § 339.3 does not apply with respect to:
  1. (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;
  2. (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
  3. (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):
    1. (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. (2)A structure is “detached” from the primary residential structure if it is not joined by any structural connection to that structure; and
    3. (3)“Serve as a residence” shall be based upon the good faith determination of the FDIC-supervised institution that the structure is intended for use or actually used as a residence, which generally includes sleeping, bathroom, or kitchen facilities.