[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: 24CFR51.101]



[Page 380-381]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 51_ENVIRONMENTAL CRITERIA AND STANDARDS--Table of Contents

 

                  Subpart B_Noise Abatement and Control

 

Sec.  51.101  General policy.



    (a) It is HUD's general policy to provide minimum national standards 

applicable to HUD programs to protect citizens against excessive noise 

in their communities and places of residence.

    (1) Planning assistance. HUD requires that grantees give adequate 

consideration to noise exposures and sources of noise as an integral 

part of the urban environment when HUD assistance is provided for 

planning purposes, as follows:

    (i) Particular emphasis shall be placed on the importance of 

compatible land use planning in relation to airports, highways and other 

sources of high noise.

    (ii) Applicants shall take into consideration HUD environmental 

standards impacting the use of land.

    (2) Activities subject to 24 CFR part 58. (i) Responsible entities 

under 24 CFR part 58 must take into consideration the noise criteria and 

standards in the environmental review process and consider ameliorative 

actions when noise sensitive land development is proposed in noise 

exposed areas. Responsible entities shall address deviations from the 

standards in their environmental reviews as required in 24 CFR part 58.

    (ii) Where activities are planned in a noisy area, and HUD 

assistance is contemplated later for housing and/or other noise 

sensitive activities, the responsible entity risks denial of the HUD 

assistance unless the HUD standards are met.

    (3) HUD support for new construction. HUD assistance for the 

construction of new noise sensitive uses is prohibited generally for 

projects with unacceptable noise exposures and is discouraged for 

projects with normally unacceptable noise exposure. (Standards of 

acceptability are contained in Sec.  51.103(c).) This policy applies to 

all HUD programs providing assistance, subsidy or insurance for housing, 

manufactured home parks, nursing homes, hospitals, and all programs 

providing assistance or insurance for land development, redevelopment or 

any other provision of



[[Page 381]]



facilities and services which are directed to making land available for 

housing or noise sensitive development. The policy does not apply to 

research demonstration projects which do not result in new construction 

or reconstruction, flood insurance, interstate land sales egistration, 

or any action or emergency assistance under disaster assistance 

provisions or appropriations which are provided to save lives, protect 

property, protect public health and safety, remove debris and wreckage, 

or assistance that has the effect of restoring facilities substantially 

as they existed prior to the disaster.

    (4) HUD support for existing construction. Noise exposure by itself 

will not result in the denial of HUD support for the resale and purchase 

of otherwise acceptable existing buildings. However, environmental noise 

is a marketability factor which HUD will consider in determining the 

amount of insurance or other assistance that may be given.

    (5) HUD support of modernization and rehabilitation. For 

modernization projects located in all noise exposed areas, HUD shall 

encourage noise attenuation features in alterations. For major or 

substantial rehabilitation projects in the Normally Unacceptable and 

Unacceptable noise zones, HUD actively shall seek to have project 

sponsors incorporate noise attenuation features, given the extent and 

nature of the rehabilitation being undertaken and the level or exterior 

noise exposure. In Unacceptable noise zones, HUD shall strongly 

encourage conversion of noise-exposed sites to land uses compatible with 

the high noise levels.

    (6) Research, guidance and publications. HUD shall maintain a 

continuing program designed to provide new knowledge of noise abatement 

and control to public and private bodies, to develop improved methods 

for anticipating noise encroachment, to develop noise abatement measures 

through land use and building construction practices, and to foster 

better understanding of the consequences of noise. It shall be HUD's 

policy to issue guidance documents periodically to assist HUD personnel 

in assigning an acceptability category to projects in accordance with 

noise exposure standards, in evaluating noise attenuation measures, and 

in advising local agencies about noise abatement strategies. The 

guidance documents shall be updated periodically in accordance with 

advances in the state-of-the-art.

    (7) Construction equipment, building equipment and appliances. HUD 

shall encourage the use of quieter construction equipment and methods in 

population centers, the use of quieter equipment and appliances in 

buildings, and the use of appropriate noise abatement techniques in the 

design of residential structures with potential noise problems.

    (8) Exterior noise goals. It is a HUD goal that exterior noise 

levels do not exceed a day-night average sound level of 55 decibels. 

This level is recommended by the Environmental Protection Agency as a 

goal for outdoors in residential areas. The levels recommended by EPA 

are not standards and do not take into account cost or feasibility. For 

the purposes of this regulation and to meet other program objectives, 

sites with a day-night average sound level of 65 and below are 

acceptable and are allowable (see Standards in Sec.  51.103(c)).

    (9) Interior noise goals. It is a HUD goal that the interior 

auditory environment shall not exceed a day-night average sound level of 

45 decibels. Attenuation measures to meet these interior goals shall be 

employed where feasible. Emphasis shall be given to noise sensitive 

interior spaces such as bedrooms. Minimum attenuation requirements are 

prescribed in Sec.  51.104(a).

    (10) Acoustical privacy in multifamily buildings. HUD shall require 

the use of building design and acoustical treatment to afford acoustical 

privacy in multifamily buildings pursuant to requirements of the Minimum 

Property Standards.



[44 FR 40861, July 12, 1979, as amended at 50 FR 9268, Mar. 7, 1985; 61 

FR 13333, Mar. 26, 1996]