[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR650.113]

[Page 230]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 650_BRIDGES, STRUCTURES, AND HYDRAULICS--Table of Contents
 
Subpart A_Location and Hydraulic Design of Encroachments on Flood Plains
 
Sec. 650.113  Only practicable alternative finding.

    (a) A proposed action which includes a significant encroachment 
shall not be approved unless the FHWA finds that the proposed 
significant encroachment is the only practicable alternative. This 
finding shall be included in the final environmental document (final 
environmental impact statement or finding of no significant impact) and 
shall be supported by the following information:
    (1) The reasons why the proposed action must be located in the flood 
plain,
    (2) The alternatives considered and why they were not practicable, 
and
    (3) A statement indicating whether the action conforms to applicable 
State or local flood-plain protection standards.
    (b) [Reserved]

[44 FR 67580, Nov. 26, 1979, as amended at 48 FR 29274, June 24, 1983]