[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR55.11]

[Page 399-400]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 55_FLOODPLAIN MANAGEMENT--Table of Contents
 
    Subpart B_Application of Executive Order on Floodplain Management
 
Sec. 55.11  Applicability of subpart C decision making process.

    (a) Before reaching the decision points described in Sec. 55.10(a), 
HUD (for Department-administered programs) or the grant recipient (for 
HUD financial assistance subject to 24 CFR part 58) shall determine 
whether Executive Order 11988 and this part apply to the proposed 
action.
    (b) If Executive Order 11988 applies, 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 direct or 
indirect support of floodplain development.''
    (c) The following table indicates the applicability, by location and 
type of action, of the decision making process for implementing 
Executive Order 11988 under subpart C of this part.

                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                             Type of proposed location
  Type of proposed action (new   -------------------------------------------------------------------------------
     reviewable action or an                                                   100-year        Area between 100-
           amendment)                  Floodways         Coastal high     floodplain outside     and 500-year
                                                         hazard areas      high hazard area       floodplain
----------------------------------------------------------------------------------------------------------------
Critical actions as defined in    Critical actions    Critical actions    Allowed if the      Allowed if the
 Sec. 55.2(b)(2).                not allowed.        not allowed.        proposed critical   proposed critical
                                                                           action is           action is
                                                                           processed under     processed under
                                                                           Sec. 55.20 \1\.   Sec. 55.20 \1\.

[[Page 400]]


Non-critical actions not          Allowed only if     Allowed only if     Allowed if the      Any non-critical
 excluded under Sec. 55.12 (b)   the proposed        the proposed        proposed action     action is allowed
 or (c).                           action is a         action: (1) Is      is processed        without
                                   functionally        either (a)          under Sec.        processing under
                                   dependent use and   designed for        55.20 \1\.          this part.
                                   processed under     location in a
                                   Sec. 55.20 \1\.   coastal high
                                                       hazard area or
                                                       (b) a
                                                       functionally
                                                       dependent use;
                                                       and (2) is
                                                       processed under
                                                       Sec. 55.20 \1\.
----------------------------------------------------------------------------------------------------------------
\1\ Or those paragraphs of Sec. 55.20 that are applicable to an action listed in Sec. 55.12(a).