[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR50.20]



[Page 376]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 50_PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY--Table of 

Contents

 

        Subpart D_General Policy: Environmental Review Procedures

 

Sec.  50.20  Categorical exclusions subject to the Federal laws and 

authorities cited in Sec.  50.4.



    (a) The following actions, activities and programs are categorically 

excluded from the NEPA requirements of this part. They are not excluded 

from individual compliance requirements of other environmental statutes, 

Executive orders and HUD standards cited in Sec.  50.4, where 

appropriate. Form HUD-4128 shall be used to document compliance. Where 

the responsible official determines that any item identified below may 

have an environmental effect because of extraordinary circumstances (40 

CFR 1508.4), the requirements of NEPA shall apply (see paragraph (b) of 

this section).

    (1) Special projects directed to the removal of material and 

architectural barriers that restrict the mobility of and accessibility 

to elderly and persons with disabilities.

    (2) 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 nor 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.

    (3)(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 more than 2,000 feet 

apart and there are not more than four housing units on any one site.

    (iii) Paragraphs (a)(3)(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)(2)(i) of this section).

    (4) 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.

    (5) Purchased or refinanced housing and medical facilities under 

section 223(f) of the National Housing Act (12 U.S.C. 1715n).

    (6) Mortgage prepayments or plans of action (including incentives) 

under 24 CFR part 248.

    (b) For categorical exclusions having the potential for significant 

impact because of extraordinary circumstances, HUD must prepare an EA in 

accordance with subpart E. If it is evident without preparing an EA that 

an EIS is required pursuant to Sec.  50.42, HUD should proceed directly 

to the preparation of an EIS in accordance with subpart F.



[61 FR 50916, Sept. 27, 1996, as amended at 68 FR 56127, Sept. 29, 2003]