24 C.F.R. § 55.11   Applicability of subpart C decision making process.


Title 24 - Housing and Urban Development


Title 24: Housing and Urban Development
PART 55—FLOODPLAIN MANAGEMENT
Subpart B—Application of Executive Order on Floodplain Management

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§ 55.11   Applicability of subpart C decision making process.

(a) Before reaching the decision points described in §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 § 55.2(b)(2).                not allowed.        not allowed.        proposed critical   proposed critical                                                                           action is           action is                                                                           processed under     processed under                                                                           § 55.20 \1\.   § 55.20 \1\.Non-critical actions not          Allowed only if     Allowed only if     Allowed if the      Any non-critical excluded under § 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 §        processing under                                   dependent use and   designed for        55.20 \1\.          this part.                                   processed under     location in a                                   § 55.20 \1\.   coastal high                                                       hazard area or                                                       (b) a                                                       functionally                                                       dependent use;                                                       and (2) is                                                       processed under                                                       § 55.20 \1\.----------------------------------------------------------------------------------------------------------------\1\ Or those paragraphs of § 55.20 that are applicable to an action listed in § 55.12(a).

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