Where FEMA FIRMs 360497 indicates that a structure or tax lot is within a delineated area of special flood hazard, but post-FIRM compacted fill is proposed to be added adjacent to the structure or throughout the tax lot to an elevation at or above the base flood elevation, the commissioner shall deem such structure or tax lot as being within the area of special flood hazard and shall not approve plans except in compliance with this appendix, unless a conditional or final letter of map revision based on fill (LOMR-F) is issued by FEMA removing such structure or tax lot from the area of special flood hazard. Buildings constructed with basements below the Base Flood Elevation on filled land shall maintain a minimum setback distance of 20 feet (6096 mm), at or above the Base Flood Elevation, from the edge of the Special Flood Hazard Area to the nearest wall of the basement, regardless of the design approach used. The commissioner shall promulgate rules establishing procedures for processing letters of map revision based on fill (LOMR-F).
Until such time that the department by rule adopts revised FEMA FIS 360497 and FEMA FIRMs 360497 with a final effective date later than May 1, 2014, the commissioner shall not deem issuance of a LOMR-F as removing such structure or tax lot from the area of special flood hazard unless the elevations specified in the LOMR-F equal or exceed the applicable corresponding elevations on the FEMA PFIS 360497/FEMA PFIRMs 360497.