[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR9.10]



[Page 93-94]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 9_FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents

 

Sec. 9.10  Identify impacts of proposed actions.



    (a) Purpose. The purpose of this section is to ensure that the 

effects of proposed Agency actions are identified.

    (b) The Agency shall identify the potential direct and indirect 

adverse impacts associated with the occupancy and modification of 

floodplains and wetlands and the potential direct and indirect support 

of floodplain and wetland development that could result from the 

proposed action. Such identification of impacts shall be to the extent 

necessary to comply with the requirements of the Orders to avoid 

floodplain and wetland locations unless they are the only practicable 

alternatives and to minimize harm to and within floodplains and 

wetlands.

    (c) This identification shall consider whether the proposed action 

will result in an increase in the useful life of any structure or 

facility in question, maintain the investment at risk and exposure of 

lives to the flood hazard or forego an opportunity to restore the 

natural and beneficial values served by floodplains or wetlands. 

Regional Offices of the U.S. Fish and Wildlife Service may be contacted 

to aid in the identification and evaluation of potential impacts of the 

proposed action on natural and beneficial floodplain and wetland values.

    (d) In the review of a proposed or alternative action, the Regional 

Director shall specifically consider and evaluate: impacts associated 

with modification of wetlands and floodplains regardless of its 

location; additional impacts which may occur when certain types of 

actions may support subsequent action which have additional impacts of 

their own; adverse impacts of the proposed actions on lives and property 

and on natural and beneficial floodplain and wetland values; and the 

three categories of factors listed below:

    (1) Flood hazard-related factors. These include for example, the 

factors listed in Sec. 9.7(b)(2);

    (2) Natural values-related factors. These include, for example, the 

following: Water resource values (natural moderation of floods, water 

quality maintenance, and ground water recharge); living resource values 

(fish and wildlife and biological productivity); cultural resource 

values (archeological and historic sites, and open space recreation and 

green belts); and agricultural, aquacultural and forestry resource 

values.

    (3) Factors relevant to a proposed action's effects on the survival 

and quality of wetlands. These include, for example, the following: 

Public health, safety, and welfare, including water supply, quality, 

recharge and discharge; pollution; flood and storm hazards; and sediment 

and erosion; maintenance of natural systems, including conservation and 

long term productivity of existing flora and fauna, species and habitat 

diversity and stability, hydrologic utility, fish, wildlife, timber, and 

food and fiber resources; and other uses of wetlands in the public 

interest, including



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recreational, scientific, and cultural uses.