[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: 24CFR58.35]

[Page 416-417]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 
ENVIRONMENTAL RESPONSIBILITIES--Table of Contents
 
    Subpart D_Environmental Review Process: Documentation, Range of 
           Activities, Project Aggregation and Classification
 
Sec. 58.35  Categorical exclusions.

    Categorical exclusion refers to a category of activities for which 
no environmental impact statement or environmental assessment and 
finding of no significant impact under NEPA is required, except in 
extraordinary circumstances (see Sec. 58.2(a)(3)) in which a normally 
excluded activity may have a significant impact. Compliance with the 
other applicable Federal environmental laws and authorities listed in 
Sec. 58.5 is required for any categorical exclusion listed in paragraph 
(a) of this section.
    (a) Categorical exclusions subject to Sec. 58.5. The following 
activities are categorically excluded under NEPA, but may be subject to 
review under authorities listed in Sec. 58.5:
    (1) Acquisition, repair, improvement, reconstruction, or 
rehabilitation of public facilities and improvements (other than 
buildings) when the facilities and improvements are in place and will be 
retained in the same use without change in size or capacity of more than 
20 percent (e.g., replacement of water or sewer lines, reconstruction of 
curbs and sidewalks, repaving of streets).
    (2) Special projects directed to the removal of material and 
architectural barriers that restrict the mobility of and accessibility 
to elderly and handicapped persons.
    (3) Rehabilitation of buildings and improvements when the following 
conditions are met:
    (i) In the case of a building for residential use (with one to four 
units), the density is not increased beyond four units, the land use is 
not changed, and the footprint of the building is not increased in a 
floodplain or in a wetland;
    (ii) In the case of multifamily residential buildings:
    (A) Unit density is not changed more than 20 percent;
    (B) The project does not involve changes in land use from 
residential to non-residential; and
    (C) The estimated cost of rehabilitation is less than 75 percent of 
the total estimated cost of replacement after rehabilitation.
    (iii) In the case of non-residential structures, including 
commercial, industrial, and public buildings:
    (A) The facilities and improvements are in place and will not be 
changed in size or capacity by more than 20 percent; and
    (B) The activity does not involve a change in land use, such as from 
non-residential to residential, commercial to industrial, or from one 
industrial use to another.
    (4)(i) An individual action on up to four dwelling units where there 
is a maximum of four units on any one site. The units can be four one-
unit buildings or one four-unit building or any combination in between; 
or
    (ii) An individual action on a project of five or more housing units 
developed on scattered sites when the sites are

[[Page 417]]

more than 2,000 feet apart and there are not more than four housing 
units on any one site.
    (iii) Paragraphs (a)(4)(i) and (ii) of this section do not apply to 
rehabilitation of a building for residential use (with one to four 
units) (see paragraph (a)(3)(i) of this section).
    (5) Acquisition (including leasing) or disposition of, or equity 
loans on an existing structure, or acquisition (including leasing) of 
vacant land provided that the structure or land acquired, financed, or 
disposed of will be retained for the same use.
    (6) Combinations of the above activities.
    (b) Categorical exclusions not subject to Sec. 58.5. The Department 
has determined that the following categorically excluded activities 
would not alter any conditions that would require a review or compliance 
determination under the Federal laws and authorities cited in Sec. 
58.5. When the following kinds of activities are undertaken, the 
responsible entity does not have to publish a NOI/RROF or execute a 
certification and the recipient does not have to submit a RROF to HUD 
(or the State) except in the circumstances described in paragraph (c) of 
this section. Following the award of the assistance, no further approval 
from HUD or the State will be needed with respect to environmental 
requirements, except where paragraph (c) of this section applies. The 
recipient remains responsible for carrying out any applicable 
requirements under Sec. 58.6.
    (1) Tenant-based rental assistance;
    (2) Supportive services including, but not limited to, health care, 
housing services, permanent housing placement, day care, nutritional 
services, short-term payments for rent/mortgage/utility costs, and 
assistance in gaining access to local, State, and Federal government 
benefits and services;
    (3) Operating costs including maintenance, security, operation, 
utilities, furnishings, equipment, supplies, staff training and 
recruitment and other incidental costs;
    (4) Economic development activities, including but not limited to, 
equipment purchase, inventory financing, interest subsidy, operating 
expenses and similar costs not associated with construction or expansion 
of existing operations;
    (5) Activities to assist homebuyers to purchase existing dwelling 
units or dwelling units under construction, including closing costs and 
down payment assistance, interest buydowns, and similar activities that 
result in the transfer of title.
    (6) Affordable housing pre-development costs including legal, 
consulting, developer and other costs related to obtaining site options, 
project financing, administrative costs and fees for loan commitments, 
zoning approvals, and other related activities which do not have a 
physical impact.
    (7) Approval of supplemental assistance (including insurance or 
guarantee) to a project previously approved under this part, if the 
approval is made by the same responsible entity that conducted the 
environmental review on the original project and re-evaluation of the 
environmental findings is not required under Sec. 58.47.
    (c) Circumstances requiring NEPA review. If a responsible entity 
determines that an activity or project identified in paragraph (a) or 
(b) of this section, because of extraordinary circumstances and 
conditions at or affecting the location of the activity or project, may 
have a significant environmental effect, it shall comply with all the 
requirements of this part.
    (d) The Environmental Review Record (ERR) must contain a well 
organized written record of the process and determinations made under 
this section.

[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998; 
68 FR 56129, Sept. 29, 2003]