[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: 24CFR58.35]



[Page 419-420]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 58_ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD 

ENVIRONMENTAL RESPONSIBILITIES--Table of Contents

 

    Subpart D_Environmental Review Process: Documentation, Range of 

           Activities, Project Aggregation and Classification

 

Sec.  58.35  Categorical exclusions.



    Categorical exclusion refers to a category of activities for which 

no environmental impact statement or environmental assessment and 

finding of no significant impact under NEPA is required, except in 

extraordinary circumstances (see Sec.  58.2(a)(3)) in which a normally 

excluded activity may have a significant impact. Compliance with the 

other applicable Federal environmental laws and authorities listed in 

Sec.  58.5 is required for any categorical exclusion listed in paragraph 

(a) of this section.

    (a) Categorical exclusions subject to Sec.  58.5. The following 

activities are categorically excluded under NEPA, but may be subject to 

review under authorities listed in Sec.  58.5:

    (1) Acquisition, repair, improvement, reconstruction, or 

rehabilitation of public facilities and improvements (other than 

buildings) when the facilities and improvements are in place and will be 

retained in the same use without change in size or capacity of more than 

20 percent (e.g., replacement of water or sewer lines, reconstruction of 

curbs and sidewalks, repaving of streets).

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

architectural barriers that restrict the mobility of and accessibility 

to elderly and handicapped persons.

    (3) 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 or 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.

    (4)(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)(4)(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)(3)(i) of this section).

    (5) 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.

    (6) Combinations of the above activities.

    (b) Categorical exclusions not subject to Sec.  58.5. The Department 

has determined that the following categorically excluded activities 

would not alter any conditions that would require a review or compliance 

determination under the Federal laws and authorities cited in Sec.  

58.5. When the following kinds of activities are undertaken, the 

responsible entity does not have to publish a NOI/RROF or execute a 

certification and the recipient does not have to submit a RROF to HUD 

(or the State) except in the circumstances described in paragraph (c) of 

this section. Following the award of the assistance, no further approval 

from HUD or the State will be needed with respect to environmental 

requirements, except where paragraph (c) of this section applies. The 

recipient remains responsible for carrying out any applicable 

requirements under Sec.  58.6.

    (1) Tenant-based rental assistance;



[[Page 420]]



    (2) Supportive services including, but not limited to, health care, 

housing services, permanent housing placement, day care, nutritional 

services, short-term payments for rent/mortgage/utility costs, and 

assistance in gaining access to local, State, and Federal government 

benefits and services;

    (3) Operating costs including maintenance, security, operation, 

utilities, furnishings, equipment, supplies, staff training and 

recruitment and other incidental costs;

    (4) Economic development activities, including but not limited to, 

equipment purchase, inventory financing, interest subsidy, operating 

expenses and similar costs not associated with construction or expansion 

of existing operations;

    (5) Activities to assist homebuyers to purchase existing dwelling 

units or dwelling units under construction, including closing costs and 

down payment assistance, interest buydowns, and similar activities that 

result in the transfer of title.

    (6) Affordable housing pre-development costs including legal, 

consulting, developer and other costs related to obtaining site options, 

project financing, administrative costs and fees for loan commitments, 

zoning approvals, and other related activities which do not have a 

physical impact.

    (7) Approval of supplemental assistance (including insurance or 

guarantee) to a project previously approved under this part, if the 

approval is made by the same responsible entity that conducted the 

environmental review on the original project and re-evaluation of the 

environmental findings is not required under Sec.  58.47.

    (c) Circumstances requiring NEPA review. If a responsible entity 

determines that an activity or project identified in paragraph (a) or 

(b) of this section, because of extraordinary circumstances and 

conditions at or affecting the location of the activity or project, may 

have a significant environmental effect, it shall comply with all the 

requirements of this part.

    (d) The Environmental Review Record (ERR) must contain a well 

organized written record of the process and determinations made under 

this section.



[61 FR 19122, Apr. 30, 1996, as amended at 63 FR 15272, Mar. 30, 1998; 

68 FR 56129, Sept. 29, 2003]