[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: 24CFR55.11]



[Page 402]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 55_FLOODPLAIN MANAGEMENT--Table of Contents

 

    Subpart B_Application of Executive Order on Floodplain Management

 

Sec.  55.11  Applicability of subpart C decision making process.



    (a) Before reaching the decision points described in Sec.  55.10(a), 

HUD (for Department-administered programs) or the grant recipient (for 

HUD financial assistance subject to 24 CFR part 58) shall determine 

whether Executive Order 11988 and this part apply to the proposed 

action.

    (b) If Executive Order 11988 applies, the approval of a proposed 

action or initial commitment shall be made in accordance with this part. 

The primary purpose of Executive Order 11988 is to ``avoid direct or 

indirect support of floodplain development.''

    (c) The following table indicates the applicability, by location and 

type of action, of the decision making process for implementing 

Executive Order 11988 under subpart C of this part.



                                                     Table 1

----------------------------------------------------------------------------------------------------------------

                                                             Type of proposed location

  Type of proposed action (new   -------------------------------------------------------------------------------

     reviewable action or an                                                   100-year        Area between 100-

           amendment)                  Floodways         Coastal high     floodplain outside     and 500-year

                                                         hazard areas      high hazard area       floodplain

----------------------------------------------------------------------------------------------------------------

Critical actions as defined in    Critical actions    Critical actions    Allowed if the      Allowed if the

 Sec.   55.2(b)(2).                not allowed.        not allowed.        proposed critical   proposed critical

                                                                           action is           action is

                                                                           processed under     processed under

                                                                           Sec.   55.20 \1\.   Sec.   55.20 \1\.

Non-critical actions not          Allowed only if     Allowed only if     Allowed if the      Any non-critical

 excluded under Sec.   55.12 (b)   the proposed        the proposed        proposed action     action is allowed

 or (c).                           action is a         action: (1) Is      is processed        without

                                   functionally        either (a)          under Sec.          processing under

                                   dependent use and   designed for        55.20 \1\.          this part.

                                   processed under     location in a

                                   Sec.   55.20 \1\.   coastal high

                                                       hazard area or

                                                       (b) a

                                                       functionally

                                                       dependent use;

                                                       and (2) is

                                                       processed under

                                                       Sec.   55.20 \1\.

----------------------------------------------------------------------------------------------------------------

\1\ Or those paragraphs of Sec.   55.20 that are applicable to an action listed in Sec.   55.12(a).





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