Code of Federal Regulations (alpha)

CFR /  Title 24  /  Part 55  /  Sec. 55.11 Applicability of Subpart C decisionmaking process.

(a) Before reaching the decision points described in Sec. 55.10(a), HUD (for Department-administered programs) or the responsible entity (for HUD financial assistance subject to 24 CFR part 58) shall determine whether Executive Order 11988, Executive Order 11990, and this part apply to the proposed action.

(b) If Executive Order 11988 or Executive Order 11990 and this part apply, the approval of a proposed action or initial commitment shall be made in accordance with this part. The primary purpose of Executive Order 11988 is ``to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.'' The primary purpose of Executive Order 11990 is ``to avoid to the extent possible the long and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.''

(c) The following table indicates the applicability, by location and type of action, of the decisionmaking process for implementing Executive Order 11988 and Executive Order 11990 under subpart C of this part.

TABLE 1----------------------------------------------------------------------------------------------------------------

Type of proposed action

-------------------------------------------------------------------------------

Type of proposed action (new Wetlands or 100- Nonwetlands area

reviewable action or an year floodplain outside of the 100-

amendment) \1\ Floodways Coastal high outside coastal year and within

hazard areas high hazard area the 500-year

and floodways floodplain----------------------------------------------------------------------------------------------------------------Critical Actions as defined in Critical actions Critical actions Allowed if the Allowed if the

Sec. 55.12(b)(2). not allowed. not allowed. proposed critical proposed critical

action is action is

processed under processed under

Sec. 55.20.\2\ Sec. 55.20.\2\Noncritical actions not excluded Allowed only if Allowed only if Allowed if Any noncritical

under Sec. 55.12(b) or (c). the proposed non- the proposed proposed action is allowed

critical action noncritical noncritical without

is a functionally action is action is processing under

dependent use and processed under processed under this part.

processed under Sec. 55.20 \2\ Sec. 55.20.\2\

Sec. 55.20.\2\ and is (1) a

functionally

dependent use,

(2) existing

construction

(including

improvements), or

(3)

reconstruction

following

destruction

caused by a

disaster. If the

action is not a

functionally

dependent use,

the action must

be designed for

location in a

Coastal High

Hazard Area under

Sec. 55.1(c)(3).----------------------------------------------------------------------------------------------------------------\1\ Under Executive Order 11990, the decisionmaking process in Sec. 55.20 only applies to Federal assistance

for new construction in wetlands locations.\2\ Or those paragraphs of Sec. 55.20 that are applicable to an action listed in Sec. 55.12(a). [78 FR 68730, Nov. 15, 2013]