[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: 24CFR51.104]



[Page 383-384]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 51_ENVIRONMENTAL CRITERIA AND STANDARDS--Table of Contents

 

                  Subpart B_Noise Abatement and Control

 

Sec.  51.104  Special requirements.



    (a)(1) Noise attenuation. Noise attenuation measures are those 

required in addition to attenuation provided by buildings as commonly 

constructed in the area, and requiring open windows for ventilation. 

Measures that reduce external noise at a site shall be used wherever 

practicable in preference to the incorporation of additional noise 

attenuation in buildings. Building designs and construction techniques 

that provide more noise attenuation than typical construction may be 

employed also to meet the noise attenuation requirements.

    (2) Normally unacceptable noise zones and unacceptable noise zones. 

Approvals in Normally Unacceptable Noise Zones require a minimum of 5 

decibels additional sound attenuation for buildings having noise-

sensitive uses if the day-night average sound level is greater than 65 

decibels but does not exceed 70 decibels, or a minimum of 10 decibels of 

additional sound attenuation if the day-night average sound level is 

greater than 70 decibels but does not exceed 75 decibels. Noise 

attenuation measures in Unacceptable Noise Zones require the approval of 

the Assistant Secretary for Community Planning and Development, or the 

Certifying Officer for activities subject to 24 CFR part 58. (See Sec.  

51.104(b)(2).)

    (b) Environmental review requirements. Environmental reviews shall 

be conducted pursuant to the requirements of 24 CFR parts 50 and 58, as 

applicable, or other environmental regulations issued by the Department. 

These requirements are hereby modified for all projects proposed in the 

Normally Unacceptable and Unacceptable noise exposure zones as follows:

    (1) Normally unacceptable noise zone. (i) All projects located in 

the Normally Unacceptable Noise Zone require a Special Environmental 

Clearance except an EIS is required for a proposed project located in a 

largely undeveloped area, or where the HUD action is likely to encourage 

the establishment of incompatible land use in this noise zone.

    (ii) When an EIS is required, the concurrence of the Program 

Assistant Secretary is also required before a project can be approved. 

For the purposes of this paragraph, an area will be considered as 

largely undeveloped unless the area within a 2-mile radius of the 

project boundary is more than 50 percent developed for urban uses and 

infrastructure (particularly water and sewers) is available and has 

capacity to serve the project.

    (iii) All other projects in the Normally Unacceptable zone require a 

Special Environmental Clearance, except where an EIS is required for 

other reasons pursuant to HUD environmental policies.

    (2) Unacceptable noise zone. An EIS is required prior to the 

approval of projects with unacceptable noise exposure. Projects in or 

partially in an Unacceptable Noise Zone shall be submitted to the 

Assistant Secretary for Community Planning and Development, or the 

Certifying Officer for activities subject to 24 CFR part 58, for 

approval. The Assistant Secretary or the Certifying Officer may waive 

the EIS requirement in cases where noise is the only environmental issue 

and no outdoor noise sensitive activity will



[[Page 384]]



take place on the site. In such cases, an environmental review shall be 

made pursuant to the requirements of 24 CFR parts 50 or 58, as 

appropriate.



[44 FR 40861, July 12, 1979, as amended at 61 FR 13333, Mar. 26, 1996]