24 CFR 55.16 - Applicability of subpart C decision making process.

Regulations last checked for updates: Nov 23, 2024

Title 24 - Housing and Urban Development last revised: Nov 13, 2024

View all text of Subpart C [§ 55.16 - § 55.28]

§ 55.16 - Applicability of subpart C decision making process.

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

Type of proposed action (new reviewable action or an amendment) ¹	Floodways	Coastal high hazard and LiMWA areas	Wetlands or FFRMS floodplain outside coastal high hazard area, LiMWA area, and floodways
Critical actions as defined in § 55.2(b)(3)	Critical actions not allowed unless they meet the requirements for critical actions in § 55.8 and are processed under § 55.20 ²	Critical actions not allowed unless they meet the requirements for critical actions in § 55.8 and are processed under § 55.20 ²	Allowed if the proposed critical action is processed under § 55.20. ²
Noncritical actions not excluded under § 55.12 or § 55.13	Allowed only if the proposed non-critical action is not prohibited under § 55.8(a)(1) and is processed under § 55.20 ²	Allowed only if the proposed noncritical action is processed under § 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 § 55.8(a)(3)	Allowed if proposed noncritical action is processed under § 55.20. ²

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.

[89 FR 30910, Apr. 23, 2024]

authority: 42 U.S.C. 3535(d), 4001-4128, and 5154a; 42 U.S.C. 4321

source: 59 FR 19107, Apr. 21, 1994, unless otherwise noted.

cite as: 24 CFR 55.16