[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: 24CFR55.20]



[Page 404-405]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 55_FLOODPLAIN MANAGEMENT--Table of Contents

 

 Subpart C_Procedures for Making Determinations on Floodplain Management

 

Sec.  55.20  Decision making process.





    The decision making process for compliance with this part contains 

eight steps, including public notices and an examination of practicable 

alternatives. The steps to be followed in the decision making process 

are:

    (a) Step 1. Determine whether the proposed action is located in a 

100-year floodplain (or a 500-year floodplain for a Critical Action). If 

the proposed action would not be conducted in one of those locations, 

then no further compliance with this part is required.

    (b) Step 2. Notify the public at the earliest possible time of a 

proposal to consider an action in a floodplain (or in the 500-year 

floodplain for a Critical Action), and involve the affected and 

interested public in the decision making process.

    (1) The public notices required by paragraphs (b) and (g) of this 

section may be combined with other project notices wherever appropriate. 

Notices required under this part must be bilingual if the affected 

public is largely non-English speaking. In addition, all notices must be 

published in an appropriate local printed news medium, and must be sent 

to federal, state, and local public agencies, organizations, and, where 

not otherwise covered, individuals known to be interested in the 

proposed action.

    (2) A minimum of 15 calendar days shall be allowed for comment on 

the public notice.

    (3) A notice under this paragraph shall state: the name, proposed 

location and description of the activity; the total number of acres of 

floodplain involved; and the HUD official and phone number to contact 

for information. The notice shall indicate the hours and the HUD office 

at which a full description of the proposed action may be reviewed.

    (c) Step 3. Identify and evaluate practicable alternatives to 

locating the proposed action in a floodplain (or the 500-year floodplain 

for a Critical Action).



[[Page 405]]



    (1) The consideration of practicable alternatives to the proposed 

site or method may include:

    (i) Locations outside the floodplain (or 500-year floodplain for a 

Critical Action);

    (ii) Alternative methods to serve the identical project objective; 

and

    (iii) A determination not to approve any action.

    (2) In reviewing practicable alternatives, the Department or a grant 

recipient subject to 24 CFR part 58 shall consider feasible 

technological alternatives, hazard reduction methods and related 

mitigation costs, and environmental impacts.

    (d) Step 4. Identify the potential direct and indirect impacts 

associated with the occupancy or modification of the floodplain (or 500-

year floodplain for a Critical Action).

    (e) Step 5. Where practicable, design or modify the proposed action 

to minimize the potential adverse impacts within the floodplain 

(including the 500-year floodplain for a Critical Action) and to restore 

and preserve its natural and beneficial values. All critical actions in 

the 500-year floodplain shall be designed and built at or above the 100-

year floodplain (in the case of new construction) and modified to 

include:

    (1) Preparation of and participation in an early warning system;

    (2) An emergency evacuation and relocation plan;

    (3) Identification of evacuation route(s) out of the 500-year 

floodplain; and

    (4) Identification marks of past or estimated flood levels on all 

structures.

    (f) Step 6. Reevaluate the proposed action to determine:

    (1) Whether it is still practicable in light of its exposure to 

flood hazards in the floodplain, the extent to which it will aggravate 

the current hazards to other floodplains, and its potential to disrupt 

floodplain values; and

    (2) Whether alternatives preliminarily rejected at Step 3 (paragraph 

(c)) of this section are practicable in light of the information gained 

in Steps 4 and 5 (paragraphs (d) and (e)) of this section.

    (g) Step 7. (1) If the reevaluation results in a determination that 

there is no practicable alternative to locating the proposal in the 

floodplain (or the 500-year floodplain for a Critical Action), publish a 

final notice that includes:

    (i) The reasons why the proposal must be located in the floodplain;

    (ii) A list of the alternatives considered; and

    (iii) All mitigation measures to be taken to minimize adverse 

impacts and to restore and preserve natural and beneficial values.

    (2) In addition, the public notice procedures of Sec.  55.20(b)(1) 

shall be followed, and a minimum of 7 calendar days for public comment 

before approval of the proposed action shall be provided.

    (h) Step 8. Upon completion of the decision making process in Steps 

1 through 7, implement the proposed action. There is a continuing 

responsibility to ensure that the mitigating measures identified in Step 

7 are implemented.