cfr_sections
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21 rows where part_number = 55 and title_number = 24 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:1.1.1.1.31.1.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.1 Purpose. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68728, Nov. 15, 2013; 89 FR 30903, Apr. 23, 2024] | (a)(1) The purpose of Executive Order 11988, Floodplain Management, as amended, 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.” (2) The purpose of Executive Order 11990, Protection of Wetlands, 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.” (3) This part implements requirements consistent with Executive Order 11988, Floodplain Management, as amended, and Executive Order 11990, Protection of Wetlands, and employs the principles of the Unified National Program for Floodplain Management. These regulations apply to all proposed actions for which approval is required, either from HUD (under any applicable HUD program) or from a recipient (under programs subject to 24 CFR part 58), that are subject to potential harm by location in floodplains or wetlands. Covered actions include acquisition, construction, demolition, improvement, disposition, financing, and use of properties located in floodplains or wetlands. (b) [Reserved] | |||||
| 24:24:1.1.1.1.31.1.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.2 Terminology. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68729, Nov. 15, 2013; 89 FR 30904, Apr. 23, 2024] | (a) With the exception of those terms defined in paragraph (b) of this section, the terms used in this part shall follow the definitions contained in section 6 of Executive Order 11988, section 7 of Executive Order 11990, and the “Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input”; the terms “special flood hazard area,” “criteria,” and “Regular Program” shall follow the definitions contained in FEMA regulations at 44 CFR 59.1; and the terms “Letter of Map Revision” and “Letter of Map Amendment” shall refer to letters issued by FEMA, as provided in 44 CFR part 65 and 44 CFR part 70, respectively. (b) For purposes of this part, the following definitions apply: (1) Coastal high hazard area means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) under FEMA regulations, or according to best available information. (See § 55.8(b) for appropriate data sources.) (2) Compensatory mitigation means the restoration (reestablishment or rehabilitation), establishment (creation), enhancement, and/or, in certain circumstances, preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. Examples include, but are not limited to: (i) Permittee-responsible mitigation: On-site or off-site mitigation undertaken by the holder of a wetlands permit under section 404 of the Clean Water Act (or an authorized agent or contractor), for which the permittee retains full responsibility; (ii) Mitigation banking: A permittee's purchase of credits from a wetlands mitigation bank, comprising wetlands that have been set aside to compensate for conversions of other wetlands; the mitigation obliga… | |||||
| 24:24:1.1.1.1.31.1.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.3 Assignment of responsibilities. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at78 FR 68730, Nov. 15, 2013; 89 FR 30905, Apr. 23, 2024] | (a) General. The implementation of Executive Orders 11988 and 11990 under this part shall be conducted by HUD for Department-administered programs subject to environmental review under 24 CFR part 50 and by authorized responsible entities that are responsible for environmental review under 24 CFR part 58. (b)(1) The Assistant Secretary for Community Planning and Development (CPD) shall oversee: (i) The Department's implementation of Executive Orders 11988 and 11990 and this part in all HUD programs; and (ii) The implementation activities of HUD program managers and, for HUD financial assistance subject to 24 CFR part 58, of grant recipients and responsible entities. (2) In performing these responsibilities, the Assistant Secretary for CPD shall make pertinent policy determinations in cooperation with appropriate program offices and provide necessary assistance, training, publications, and procedural guidance. (c) Other HUD Assistant Secretaries, the General Counsel, and the President of the Government National Mortgage Association (GNMA) shall: (1) Ensure compliance with this part for all actions under their jurisdiction that are proposed to be conducted, supported, or permitted in a floodplain or wetland, including taking full responsibility for all decisions made under their jurisdiction that are made pursuant to § 55.20 for environmental reviews completed pursuant to 24 CFR part 50; (2) Ensure that actions approved by HUD or responsible entities are monitored and that any prescribed mitigation is implemented; (3) Ensure that the offices under their jurisdiction have the resources to implement the requirements of this part; and (4) Incorporate in departmental regulations, handbooks, and project and site standards those criteria, standards, and procedures related to compliance with this part. (d) Responsible entity Certifying Officer. Certifying Officers of responsible entities administering or reviewing activities subject to 24 CFR part 58 shall comply with this part in carrying out HUD-assist… | |||||
| 24:24:1.1.1.1.31.1.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.4 Notification of floodplain hazard. | HUD | [89 FR 30905, Apr. 23, 2024] | (a) Notification for property owners, buyers, and developers. For actions in the FFRMS floodplain (as defined in § 55.7), HUD (or HUD's designee) or the responsible entity must ensure that any party participating in the transaction is notified that the property is in the FFRMS floodplain and whether flood insurance is required or available in this location. Notification shall also include a description of the approximate elevation of the FFRMS floodplain, proximity to flood-related infrastructure impacting the site including dams and levees, the location of ingress and egress or evacuation routes relative to the FFRMS floodplain, disclosure of information on flood insurance claims filed on the property to the extent available from FEMA, and other relevant information such as available emergency notification resources. (b) Renter notification. For HUD-assisted, HUD-acquired, and HUD-insured rental properties within the FFRMS floodplain, new and renewal leases must include acknowledgements signed by residents indicating that they have been advised that the property is in a floodplain and flood insurance is available for their personal property. Notification shall also include the location of ingress and egress routes relative to the FFRMS floodplain, available emergency notification resources, and the property's emergency procedures for residents in the event of flooding. (c) Conveyance restrictions for the disposition of multifamily real property. (1) In the disposition (including leasing) of multifamily properties acquired by HUD that are located in the FFRMS floodplain, the documents used for the conveyance must: (i) Refer to those uses that are restricted under identified Federal, State, or local floodplain regulations; and (ii) Include any land use restrictions limiting the use of the property by a grantee or purchaser and any successors under State or local laws. (2)(i) For disposition of multifamily properties acquired by HUD that are located in the FFRMS floodplain and contain critical actions, H… | |||||
| 24:24:1.1.1.1.31.1.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.5 Flood insurance. | HUD | [89 FR 30905, Apr. 23, 2024] | (a)(1) As required by section 102(a) of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a), when HUD financial assistance (including mortgage insurance) is proposed for acquisition or construction purposes in any special flood hazard area (as designated by the Federal Emergency Management Agency (FEMA) on an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS)), structures for which HUD financial assistance is provided must be covered by flood insurance in an amount at least equal to the project cost less estimated land cost, the outstanding principal balance of any HUD-assisted or HUD-insured loan, or the maximum limit of coverage available under the National Flood Insurance Program, whichever is least. Under section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), such proposed assistance in any special flood hazard area shall not be approved in communities identified by FEMA as eligible for flood insurance but which are not participating in the National Flood Insurance Program. This prohibition only applies to proposed HUD financial assistance in a FEMA-designated special flood hazard area one year after the community has been formally notified by FEMA of the designation of the affected area. This requirement is not applicable to HUD financial assistance in the form of formula grants to States, including financial assistance under the State-administered CDBG Program (24 CFR part 570, subpart I), Emergency Solutions Grant amounts allocated to States (24 CFR part 576), and HOME funds provided to a State under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701-12839). HUD strongly encourages that flood insurance be obtained and maintained for all HUD-assisted structures in the FFRMS floodplain, sites that have previously flooded, or sites in close proximity to a floodplain. (2) Under section 582 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a), HUD disaster assistance that is made available in a sp… | |||||
| 24:24:1.1.1.1.31.1.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.6 Complying with this part. | HUD | [89 FR 30905, Apr. 23, 2024] | (a) Process. The process to comply with this part is as follows: (1) HUD or the responsible entity shall determine whether compliance with this part is required. Refer to § 55.12 for a list of activities that do not require further compliance with this part beyond the provisions of paragraph (c) of this section. (2) HUD or the responsible entity shall refer to § 55.8 to determine whether the proposed action is eligible for HUD assistance or if it must be rejected as proposed. (3) If the project requires compliance under this part and is not prohibited by § 55.8, HUD or the responsible entity shall refer to § 55.13 to determine whether the 8-step decision making process in § 55.20 is required. (4) HUD or the responsible entity shall refer to § 55.10 to determine whether the 8-step decision making process in § 55.20 for wetland protection is required or whether best practices to minimize potential indirect impacts to wetlands should be pursued. (5) HUD or the responsible entity shall determine whether an exception in § 55.14 applies that would allow them to complete an abbreviated decision-making process under § 55.20. (6) Where the decision-making process is required, HUD or the responsible entity shall follow the decision-making process described in § 55.20, eliminating any steps as permitted under § 55.14. (b) Decision making. HUD or the responsible entity shall determine whether to approve the action as proposed, approve the action with modifications or at an alternative site, or reject the proposed action, based on its analysis of the proposed risks and impacts. HUD or the responsible entity has discretion to reject any project where it determines that the level of flood hazard is incompatible with the proposed use of the site or that the extent of impacts to wetlands or to the beneficial function of floodplains is not acceptable, regardless of whether it would otherwise be acceptable under this part. (c) Other requirements. Refer to §§ 55.4 and 55.5 to determine whether the proposed action may r… | |||||
| 24:24:1.1.1.1.31.2.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.7 Identifying the FFRMS floodplain. | HUD | [89 FR 30906, Apr. 23, 2024] | (a) HUD or the responsible entity shall determine all compliance with the floodplain review requirements of this part based on the FFRMS floodplain. (b) For a non-critical action, HUD or the responsible entity shall define the FFRMS floodplain using the following process: (1) The climate-informed science approach (CISA) to identify the area having an elevated flood risk during the anticipated life of the project if data is available and actionable. Data is available and actionable for a particular project where: (i) The data can be accessed via a tool, resource, or other process developed or identified by a Federal agency or agencies to define the floodplain using the CISA, and (ii) HUD has adopted the particular tool, resource, or other process through a Federal Register publication for comment. (2) If CISA data is not available or actionable but FEMA has defined the 0.2-percent-annual-chance floodplain, those areas that FEMA has designated as within the 0.2-percent-annual-chance floodplain; or (3) If neither CISA data nor FEMA-mapped 0.2-percent-annual-chance floodplain data is available, those areas that result from adding an additional two feet to the base flood elevation as established by the effective FIRM or FIS or—if available—FEMA-provided interim or preliminary maps or studies or advisory base flood elevations. (4) FFRMS floodplain determinations under paragraphs (b)(2) and (3) of this section shall be made using the information provided in the latest FEMA resources. Elevation determinations based on CISA data or an interim or preliminary FEMA map cannot be used as a basis for a lower elevation than the base flood elevation on the current FIRM or FIS. (c) For a critical action, the FFRMS floodplain is either: (1) Those areas designated as having an elevated flood risk identified by the climate-informed science approach (CISA)—as determined based on the criticality of the action—during the anticipated life of the project if the data is available and actionable, as available and actionable is d… | |||||
| 24:24:1.1.1.1.31.2.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.8 Limitations on HUD assistance in floodplains. | HUD | [89 FR 30906, Apr. 23, 2024] | (a) HUD financial assistance (including mortgage insurance) may not be approved with respect to: (1) Any action located in a floodway unless one of the following applies: (i) An exception listed in § 55.12 applies; or (ii) A permanent covenant or comparable restriction will preserve all onsite FFRMS floodplain and/or wetland areas from future development or expansion of existing uses in the floodplain and/or wetland areas. Any rehabilitation, including reconstruction in the case of properties affected by Presidentially declared disasters, that does not expand the footprint of the buildings or the number of units on the site would be allowed within the FFRMS floodplain outside of the floodway. No buildings or improvements may modify or occupy the floodway, with the exception of: (A) Functionally dependent uses (as defined in § 55.2(b)(7)) and utility lines; (B) De minimis improvements, including minimal ground disturbance or placement of impervious surface area to ensure accessibility where this is permitted by local ordinances and does not increase flood risk to the property; or (C) Buildings and improvements that will be removed as part of the proposed action. (2) Any critical action located in a floodway, other than a functionally dependent use where any existing or new structure has been or will be elevated or floodproofed to the FFRMS elevation for critical actions; or any critical action in a coastal high hazard area or LiMWA, other than a functionally dependent use where any existing or new structure has been or will be elevated and constructed in accordance with current FEMA V-zone construction standards at 44 CFR 60.3(e); provided that, for a critical action that is insurance of a mortgage on a property containing a floodway with no structures or improvements in the floodway, paragraph (a)(1) of this section applies; or (3) Any noncritical action located in a coastal high hazard area, or LiMWA, unless the action is a functionally dependent use, is limited to existing structures or improvements, or… | |||||
| 24:24:1.1.1.1.31.2.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.9 Identifying wetlands. | HUD | [89 FR 30906, Apr. 23, 2024] | The following process shall be followed in making the wetlands determination: (a) HUD or the responsible entity shall determine whether the action involves new construction that is located in or impacts a wetland. (b) As primary screening, HUD or the responsible entity shall verify whether the project area is located in proximity to wetlands identified on the National Wetlands Inventory (NWI) and assess the site for visual indication of the presence of wetlands such as hydrology (water), hydric soils, or wetland vegetation. Where the primary screening is inconclusive, potential wetlands should be further evaluated using one or more of the following methods: (1) Consultation with the Department of the Interior, U.S. Fish and Wildlife Service (USFWS), for information concerning the location, boundaries, scale, and classification of wetlands within the area. (2) Reference to the Department of Agriculture, Natural Resources Conservation Service (NRCS) National Soil Survey (NSS), and any Tribal, State, or local information concerning the location, boundaries, scale, and classification of wetlands within the action area and further site study by the environmental review preparer with reference to Federal guidance on field identification of the biological (rather than jurisdictional) characteristics of wetlands. (3) Evaluation by a qualified wetlands scientist to delineate the wetland boundaries on site. | |||||
| 24:24:1.1.1.1.31.2.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.10 Limitations on HUD assistance in wetlands. | HUD | [89 FR 30908, Apr. 23, 2024] | (a) When the proposed project includes new construction activities (including grading, clearing, draining, filling, diking, impounding, and related activities for any structure or facilities including the siting of new manufactured housing units) that will have a direct impact to onsite wetlands identified by the process described in § 55.9, compliance with this part requires completion of the 8-step decision making process in § 55.20 to address wetland impacts. (b) When the proposed project may indirectly affect wetlands by modifying the flow of stormwater, releasing pollutants, or otherwise changing conditions that contribute to wetlands viability, the significance of these impacts must be evaluated and the impacts minimized through best management practices. If the project site includes wetlands that will not be impacted by new construction, HUD strongly encourages measures to preserve such wetlands from future impacts, including by obtaining a restrictive covenant, conservation easement, or other mechanism. (c) When the proposed project may indirectly affect off-site wetlands, impacts should be minimized to the extent practicable. While this part does not require further decision making to address these effects under the authority of Executive Order 11990, measures to address offsite wetlands impacts may be necessary to comply with related laws and authorities including the Endangered Species Act or to address significant impacts under the National Environmental Policy Act. | |||||
| 24:24:1.1.1.1.31.2.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.11 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.2.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed actions. | HUD | [89 FR 30908, Apr. 23, 2024] | With the exception of the flood insurance requirements in § 55.5, this part shall not apply to the following categories of proposed HUD actions: (a) HUD-assisted activities described in 24 CFR 58.34 and 58.35(b); (b) HUD-assisted activities described in 24 CFR 50.19, except as otherwise indicated in § 50.19; (c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if: (1) The property is cleared of all existing buildings and walled structures; and (2) The property is cleared of related improvements except those which: (i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas); (ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and (iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property. (d) An action involving a repossession, receivership, foreclosure, or similar acquisition of property to protect or enforce HUD's financial interests under previously approved loans, grants, mortgage insurance, or other HUD assistance; (e) Policy-level actions described at 24 CFR 50.16 that do not involve site-based decisions; (f) A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain or wetland; (g) HUD's or the responsible entity's approval of a project site, an incidental portion of which is situated in the FFRMS floodplain (not including the floodway, LiMWA, or coastal high hazard area), but only if: (1) The proposed project site does not include any existing or proposed buildings or improvements that modify or occupy the FFRMS floodplain except… | |||||
| 24:24:1.1.1.1.31.2.59.7 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.13 Inapplicability of 8-step decision making process to certain categories of proposed actions. | HUD | [89 FR 30909, Apr. 23, 2024] | The decision-making process in § 55.20 shall not apply to the following categories of proposed actions: (a) HUD's mortgage insurance actions and other financial assistance for the purchasing, mortgaging, or refinancing of existing one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), where the action is not a critical action and the property is not located in a floodway, coastal high hazard area, or LiMWA; (b) Financial assistance for minor repairs or improvements on one- to four-family properties that do not meet the thresholds for “substantial improvement” under § 55.2(b)(12); (c) HUD or a recipient's actions involving the disposition of individual HUD or recipient held one- to four-family properties; (d) HUD guarantees under the Loan Guarantee Recovery Fund Program (24 CFR part 573), where any new construction or rehabilitation financed by the existing loan or mortgage has been completed prior to the filing of an application under the program, and the refinancing will not allow further construction or rehabilitation, nor result in any physical impacts or changes except for routine maintenance; (e) The approval of financial assistance to lease an existing structure and/or units within an existing structure located within the floodplain, but only if; (1) The structure is located outside the floodway or coastal high hazard area, and is in a community that is in the Regular Program of the NFIP and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24); (2) The project is not a critical action; and (3) The entire structure is or will be fully insured or insured to the maximum extent available under the NFIP for at least the term of the lease. (f) Special projects for the purpose of improving the energy or water efficiency of utilities or installing renewable energy that inv… | |||||
| 24:24:1.1.1.1.31.2.59.8 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.14 Modified 5-step decision making process for certain categories of proposed actions. | HUD | [89 FR 30909, Apr. 23, 2024] | The decision making steps in § 55.20(b), (c), and (g) (Steps 2, 3, and 7) do not apply to the following categories of proposed actions: (a) HUD's or the recipient's actions involving the disposition of acquired multifamily housing projects or “bulk sales” of HUD-acquired (or under part 58 of recipients') one- to four-family properties in communities that are in the Regular Program of the NFIP and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24). For programs subject to part 58, this paragraph applies only to recipients' disposition activities that are subject to review under part 58. (b) HUD's actions under the National Housing Act (12 U.S.C. 1701 et seq. ) for the purchase or refinancing of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, and intermediate care facilities, in communities that are in good standing under the NFIP. (c) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, intermediate care facilities, and one- to four-family properties, in communities that are in the Regular Program of the NFIP and are in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), provided that the number of units is not increased more than 20 percent, the action does not involve a conversion from nonresidential to residential land use, the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(12), and the footprint of the structure and paved areas is not increased by more than 20 percent. (d) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing nonresidential buildings and structures, in communities that are i… | |||||
| 24:24:1.1.1.1.31.3.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.16 Applicability of subpart C decision making process. | HUD | [89 FR 30910, Apr. 23, 2024] | Table 1 to this section indicates the applicability, by location and type of action, of the decision making process for implementing Executive Order 11988 and Executive Order 11990 under this subpart. Table 1 to § 55.16 1 Under Executive Order 11990, the decision making process in § 55.20 only applies to Federal assistance for new construction in wetlands locations. 2 Or those paragraphs of § 55.20 that are applicable to an action listed in § 55.14. | |||||
| 24:24:1.1.1.1.31.3.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.20 Decision making process. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68732, Nov. 15, 2013; 89 FR 30910, Apr. 23, 2024] | Except for actions covered by § 55.14, the decision making process for compliance with this part contains eight steps, including public notices and an examination of practicable alternatives when addressing floodplains and wetlands. Third parties may provide analysis and information to support the decision making process; however, final determinations for each step, authorization of public notices, and receipt of public comments, are the responsibility of HUD or the responsible entity. The steps to be followed in the decision making process are as follows: (a) Step 1. Using the processes described in §§ 55.7 and 55.9, determine whether the proposed action is located in the FFRMS floodplain or results in new construction that directly impacts an onsite wetland. If the action does not occur in the FFRMS floodplain or include new construction directly impacting an onsite wetland, then no further compliance with this section is required. Where the proposed action would be located in the FFRMS floodplain and includes new construction directly impacting an onsite wetland, these impacts should be evaluated together in a single 8-step decision making process. In such a case, the wetland will be considered among the primary natural and beneficial functions and values of the floodplain. For purposes of this section, an “action” includes areas required for ingress and egress, even if they are not within the site boundary, and other integral components of the proposed action, even if they are not within the site boundary. (b) Step 2. Notify the public and agencies responsible for floodplain management or wetlands protection at the earliest possible time of a proposal to consider an action in an FFRMS floodplain or wetland and involve the affected and interested public and agencies in the decision making process. (1) The public notices required by paragraphs (b) and (g) of this section may be combined with other project notices wherever appropriate. Notices required under this part must be bilingual or multilingual, as… | |||||
| 24:24:1.1.1.1.31.3.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.21 Alternate processing for existing nonconforming sites. | HUD | [89 FR 30912, Apr. 23, 2024] | Notwithstanding the limitations on HUD assistance defined in § 55.8, in exceptional circumstances, the Assistant Secretary for Community Planning and Development may approve HUD assistance or insurance to improve an existing property with ongoing HUD assistance or mortgage insurance if the following conditions are satisfied: (a) HUD completes an environmental review pursuant to 24 CFR part 50, including the 8-step decision making process pursuant to § 55.20, that: (1) Documents that it is not practicable to transfer the HUD assistance to a site with lower flood risk under existing program rules, financial limitations, and site availability; and (2) Mandates measures to ensure that the elevated flood risk is the only environmental hazard or impact that does not comply or that requires mitigation to comply, with HUD's environmental requirements at 24 CFR parts 50, 51, 55, and 58; and (b) The proposed project incorporates all practicable measures to minimize flood risk, preserve the function of the floodplain and any impacted wetlands as described in § 55.20(e), and increase the overall resilience of the site, as approved and/or required by HUD. At minimum, these measures must include: (1) Removal of all residential units and critical action structures from the floodway; (2) Identification of evacuation routes out of the FFRMS floodplain; (3) A No-Rise Certification for any new improvements in the floodway; and (4) Elevation (or floodproofing pursuant to § 55.20(e)(1)) of existing structures within the FFRMS Floodplain, where practicable. | |||||
| 24:24:1.1.1.1.31.3.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | §§ 55.22-55.25 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.3.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.26 Adoption of another agency's review under the Executive orders. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024] | If a proposed action covered under this part is already covered in a prior review performed under Executive Order 11988 or Executive Order 11990 by another agency, including HUD or a different responsible entity, that review may be adopted by HUD or by a responsible entity authorized under 24 CFR part 58 without further public notice, provided that: (a) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection; (b) The adopting agency makes a finding that: (1) The action currently proposed has not substantially changed in project description, scope, and magnitude from the action previously reviewed by the other agency; and (2) There has been no material change in circumstances since the previous review was conducted; and (c) HUD assistance must be conditioned on mitigation measures prescribed in the previous review. | |||||
| 24:24:1.1.1.1.31.3.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | §§ 55.27-55.28 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.4.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | D | Subpart D—Severability | § 55.30 Severability. | HUD | [89 FR 30913, Apr. 23, 2024] | Any provision of this part held to be invalid or unenforceable as applied to any action should be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is that the provision of this part is invalid and unenforceable in all circumstances, in which event the provision should be severable from the remainder of this part and shall not affect the remainder thereof. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);