Everything you would need to know about the practice of National Environmental Policy Act (1969) environmental review as implemented by the U. S. Department of Housing and Urban Development in United Sates Code 24, Part 58 and associated laws and statutes. Every project federally permitted or funded in whole or in part, with certain exceptions for defense related activities, must undergo this practice of determining effects of a proposed project on and from the human and natural environment. The resulting analysis and characterization intends to inform decision makers while a proposed project is still in the planning stages. The goal is to optimize a proposal to maximize envrionmental goods and minimize environmental harms both to and from the project before any irreversable action is taken. Sometimes called the discipline of Environmental Planning, the process suffers from a sectioned view of the environment, made necessary by the disparate laws and scientific disciplines that contribute knowledge to an assessment of project-based environmental effects. Another weakness is its treatment as a paperwork exercise late in a proposal's development, which often foregoes the very benefits that such planning undertaken early enough can afford. Finally, it suffers a lack of public participation, arising from the notion that this is best left in the hands of experts. However, decision makers can be left feeling as helpless as the public distinguishing between imperitives and luxuries in tradeoffs among definite social, economic, and environmental impacts of their actions. Decision makers generally benefit from an all-hands approach in a democratic nation of a great many people so blessed with education, qualifications, and hard-won experience. Please feel free to ask questions or make suggestions about this presentation at any time and for any reason. So without further ado follows HUD environmental review...

1. Environmental Review
Process - HUD
24 CFR Part 58
1

2. “Ultimately, of course, it is not better documents but
better decisions that count. NEPA’s purpose is not to
generate paperwork – even excellent paperwork –
but to foster excellent action. The NEPA process is
intended to help public officials make decisions that
are based on understanding of environmental
consequences, and take actions that protect, restore,
and enhance the [Human and Built] environment.”
CEQ Regulations
2

3. Environmental Review
Requirements
 Official Welcome:
3

4. Environmental Training
Today’s Instructors:
4

5. Goals for the Course
 When is an ER required?
 What is the process?
 What is qualified documentation?
 What is the timing?
 How can the ER process be
expedited?
5

6. First Principle:
Call Your
Field
Environmental Officer
6

7. Second Principle:
Find more information
on the environmental
website:
www.HUD.gov/offices/cpd/environment/index.cfm
7

8. Next Principle:
The ER process must
be complete
PRIOR to commitment
of funds
8

9. One More Principle:
The environmental
review is a study of
the site
9

10. Why?
 Project is Federally Funded
In whole, or
In Part
 Requires Compliance with NEPA
and the Laws and Authorities
10

11. National Environmental Policy Act
NEPA:
•Federal Environmental
Policy
•Federal Law
 Protect, Restore and
Enhance the Human
Environment
11

12. NEPA
Shared Responsibility:
 The President
 The Courts
 The Federal
Agencies (RE)
12

13. NEPA
 Environmental Study
• Agency Comments
• Public Document
13

14. NEPA
 Environmental Study
• Agency Comments
• Public Document
 Scientific Analysis
 Relevant Issues
14

15. NEPA
 Established the CEQ
• Exec. Office of the President
• CEQ Regs 42 CFR 1500
• Agency Regs Consistent
w/NEPA
• Oversees Federal Agencies ERs
• Cooperating Agreements
15

16. HUD Regulations
 24 CFR Part 58 Procedure for
REs
 24 CFR Part 51 Hazards
 24 CFR Part 55 Floodplains
 24 CFR Part 50 HUD Procedure
16

17. TERMS
 Activity  Exempt
 Project  CENST
 Individual  Categorically
Action Excluded
 Recipient  RROF
 Responsible  NOI/RROF
Entity
 Certifying
 EA
Official  FONSI
17

18. Who’s Responsible? --58.4
Grant to a Unit of
Local Government
 Must assume Part 58 for:
• Formula Grants
• Neighborhood
Stabilization Grant is a
formula grant
18

19. Who’s Responsible? --58.4
State Funds
 Grants to LG
• LG Responsible
• RROFs to State
 Grants to Others
• State Responsible
• RROF to HUD
19

20. Overview
Steps In the Process
20

21. Steps
 Define the project
 Aggregate
 Alternatives
 Level of Review
 Conduct Review
 Publish or Post
When required
 RROF
 Receive ATUGF
 Commit Funds and
Implement Project
21

22. Overview
Steps In the Process:
Define the Project
22

23. Define the Project
Project Area:
 Existing
Conditions
 Features
 Character
 Resources
 Trends
23

24. Define the Project
Activities:
HUD Funded
Programs Used
Other Funding
Time Frame
Action Plan
Maps/location
24

25. Overview
Steps In the Process:
Aggregate activites
into projects
25

26. Aggregation
24 CFR Part 58.32
A logical way to group
activities into projects for
the purpose of environmental
review.
26

27. Types of Aggregation
24 CFR part 58.32
--Geographic
27

28. Types of Aggregation
24 CFR part 58.32
 Geographic
 Functiona
l
28

29. Overview
Steps In the Process:
--Alternatives
The preferred alternative may be the
program as proposed, a modification of
the program as proposed, including
alternative sites or site selection criteria,
or "no action."
29

30. Overview
Steps In the Process:
-- Level of Review and
Public Notice
30

31. Level of Review
Full Assessment
Categorically
Excluded, Subject to
58.5/6
Categorically
Excluded NOT
Subject to 58.5
Exempt
31

32. Exempt Activities
24 CFR Part 58.34(a)
 Environmental, planning & design costs
 Information & financial services
 Administrative/management activities
 Public services (no physical impact)
 Inspections
 Purchase of tools/insurance
 Technical assistance & training
 Temporary assist. for imminent threats
 Payment of principal and interest on HUD
loan
32

33. Exempt “Level of Review”
24 CFR Part 58.34
 Document determination in
writing
 Document compliance with
58.6
 SIGN and DATE
 No RROF or further
approval from HUD or the
State is required
33

34. Categorically Excluded Activities not
subject to 58.5
at 24 CFR Part 58.35(b)
Tenant-based Rental Assistance
Supportive Services (Hsg. Counseling)
Operating Costs (maintenance,
supplies)
ED Costs (non-construction)
Down-payment Assistance on Existing
Pre-development Costs
Supplemental Assistance (NEW to Regs)
34

35. Categorically Excluded
Not subject to 58.5
SAME AS EXEMPT:
Document determination in writing

Document compliance with 58.6

SIGN and DATE

No RROF or further approval from HUD
or the State required
35

36. Categorically Excluded
subject to 58.5
24 CFR Part 58.35(a)(1)
 Public Facilities:
• Acquisition
• Repair
• Reconstruction
• Improvement
 If Facility in place
 20% or less change in size or capacity
36

37. Categorically Excluded
subject to 58.5
24 CFR Part 58.35(a)(2)
 Special Projects for removal of:
• Material
• Architectural Barriers
 That restrict mobility and
accessibility
37

38. Categorically Excluded
subject to 58.5
(24 CFR Part 58.35(a)(3(i))
Rehabilitation of 1 to 4 family Dwellings
• Density is not > 4 units
• Land use is not changed
• The site is not in FP
• The footprint is not expanded
38

39. Categorically Excluded
subject to 58.5
24 CFR Part 58.35(a)(3)(ii)
 Rehab of Multifamily
residential when:
• Density is not
changed > 20%
• Does not involve
change in land use
• Cost is < 75% cost of
replacement
39

40. Categorically Excluded
subject to 58.5
24 CFR Part 58.35(a)(3)(iii)
 Rehab of Non-
residential when:
• < 20% change
in size and
capacity
• does not change
land use
40

41. Categorically Excluded
subject to 58.5
24 CFR Part 58.34(a)(4)
1. An individual action on a 1-to-4 family
dwelling
2. A project of five or more units
 more than 2,000 ft apart
 developed on scattered sites
41

42. Categorically Excluded
subject to 58.5
24 CFR Part 58.35(a)(5)
 Acquisition or Disposition
Existing Structure or Land IF
 Structure will be used for
the same use
 Land will be used for the
same use
42

43. Categorically Excluded
Clearance
Complete Statutory Checklist

If Compliance is triggered:

•Publish/Post NOI/RROF
•Wait 7 /10days,
•Send RROF to HUD/State
•HUD Waits 15 days
43

44. Categorically Excluded
Clearance
Complete Statutory Checklist
If Compliance is NOT triggered:
•Project reverts to exempt
•document determination in writing
(58.34(a)(12) and (b))
•place all documentation
in ERR (sign and date)
44

45. Environmental Assessment
Activities
24 CFR 58.36
Project Activities that are:
• Not Categorically Excluded
 See Conditions 58.35(a)
• Change in Use
• Major Rehab
• Increase in size or capacity > 20%
• New Const > 4 SF together
Require a FULL ASSESSMENT
45

46. Environmental Assessment
Activities
 Greater potential for Impact
 Always requires a FONSI and
RROF
 Determines if EIS is required
 Requires study of alternatives
46

47. Environmental Assessment
 Requires NEPA study
• Includes the Laws and
Authorities at 58.5 and 6
 Studies:
• Human Environment
• Built Environment
47

48. Environmental Assessment
Clearance
Complete EA Checklist

Make Finding

Publish/Post Combined Notice

Wait 15/18 days

RROF and certifications to HUD)

HUD waits 15 days

48

49. Environmental Impact Statement
“EIS” 24 CFR Part 58.37
Completed for:
 Controversial Projects
 Findings of Significant Impacts (FOSI)
 Large projects (2,500 or more units)
49

50. Overview of Public
Notification
EA: Combined Notice (FONSI and NOI)
CE that “trigger” compliance: NOI/RROF
only
CE No Compliance Triggered None
CE Not Subject to 58.5 : None
Exempt: None
50

51. Public Comment Periods
24 CFR part 58.45
 NOI/FONSI - 15 days from
Publication or 18 days from Posting
 NOI - 7 days from Publication or
10 days from Posting
 RE must consider comments prior
to submitting its RROF to HUD
51

52. Local Period - Objections
FONSI
NO
RROF
Basis for Objections:
• ANYTHING!!!
52

53. Request for Release of Funds
Certification Indicates:
•ER Complete
•Notice Published
•Local Comment
•Period Complete
•CO Signs
Subject to False Claims Act
53

54. RROF Submission
Requirements
24 CFR Part 58.71
Signed 7015.15 from CO

Copy of Public Notice

Submit to local HUD

54

55. Objections to HUD
24 CFR Part 58.75
Basis for Objections :
• 7015.15 not signed by CO
• FONSI not written
• Omitted Steps (at subpart E)
• Committed funds prior to RROF
• Another Federal agency objects
55

56. Environmental Review Record
24 CFR Part 58.38
Project Description - Scope
Determination of Level of Review
Completed review form - as required
Documentation attached
FONSI and RROF Information
Comments and Responses/Analysis
HUD Removal of Grant Condition
Revisions/changes to original review
56

57. Limitations on Activities
Pending Clearance
24 CFR Part 58.22
 Funds are committed when:
A legally binding, irrevocable, contract
is signed
57

58. Limitations on Activities
Pending Clearance
24 CFR Part 58.22
 Conditional Commitment
• Subject to the ER
• Legally Binding Document
• Must prevent commitment by 3rd
party
58

59. Limitations on Activities
Pending Clearance
24 CFR Part 58.22
Upon receipt of application/proposal for
funding the RE must provide notice to
third party:
 24 CFR Part 58.22(a)and(c)
 Third party cannot commit HUD funds
or any other funds
 Third party cannot take any choice
limiting action
59

60. Limitations on Activities Pending
Clearance
24 CFR Part 58.22 (d)
Options to purchase property are allowed
prior to receiving ATUGF if:
• Cost is nominal
• Site can be rejected based on
environmental finding
60

61. Tiering
24 CFR Part 58.15
The Tiering process allows:
• The ER to be conducted in 2 stages:
 The Broad review
 The Site Specific review
• Allows RROF for the project
 Multi-year
 Multi-site
61

62. Tiering
24 CFR Part 58.15
Requires:
• Broad review with documentation
• Written strategy
• Site specific compliance
 Must maintain entire record
62

63. Steps for Tiering an ER
24 CFR part 58.15
Define Scope of PROJECT:
• Include all activities anticipated
• Aggregate geographically or
functionally
Conduct the Environmental Review
Develop a WRITTEN strategy
Develop an Site Specific Checklist
Publish/Post a Public Notice for Project
Receive ATUGF from HUD
Conduct a SITE SPECIFIC REVIEW
Sign, date, place in ERR
Commit funds for the Site
63

64. Overview
Steps In the Process:
--Receive the ATUGF:
HUD 7015.16 and
Proceed
64

65. Implement the Preferred
Alternative
65

66. Overview Part 2
Overview of the Laws
and Authorities
66

67. Laws and Authorities 58.5
 Historic Preservation
67

68. National Historic Preservation
Act (16 U.S.C. 470 et. seq.)
 GOALS:
 Establish broad agency responsibilities to
protect & preserve historic properties
(Section 110)
 Require agencies to consider effects of their
projects on historic properties (Section 106)
68

69. What’s an historic property?
 Buildings, objects, districts, sites, or
structures usually 50+ years old; AND
 Listed on or eligible for listing on the
National Register of Historic Places
 NR Criteria – 36 CFR Part 60.4
69

70. Section 106 of NHPA
 REQUIREMENTS:
 Take into account the effects of your
project on historic properties
 Afford the Advisory Council on Historic
Preservation a reasonable opportunity to
comment
70

71. What triggers 106?
 Federal funding, assistance, license,
permit, or approval
 Project is defined as an “undertaking”
 Project has potential to cause effects to
historic properties
71

72. Is your project exempt from
Section 106?
 Refer to §58.34 and § 58.35(b) to see if
your project is exempt or categorically
excluded not subject to…
• If so, then under 106, you may make
the unilateral decision that the project
has “no potential to cause effects”
 Does an existing Programmatic Agreement
exempt your activity?
72

73. The Regulation
 36 CFR Part 800, “Protection of Historic
Properties”
 Establishes a 4-step compliance process
 Mandates consultation, not preservation
 Agency is the decision-maker
73

74. The 4-Step 106 Process
1. Initiate consultation
2. Identify and evaluate historic properties
3. Assess effects
4. Resolve adverse effects
74

75. 1. Initiate Consultation
 Is the project an undertaking?
 Is it exempt or CENST?
• §58.34 or §58.35(b)
• Programmatic Agreement
 Which SHPO/THPO do you contact?
 What other stakeholders should be
contacted?
 How will you involve the public?
75

76. 2. Identify historic properties
 Define “area of potential effect”
 Gather existing information from
knowledgeable sources
 Contact stakeholders for any new info
 Evaluate NR eligibility
 Submit finding of “no historic properties
affected” or move to next step
• Include supporting documentation
76

77. 3. Assess Effects
 Apply criteria of adverse effect
• See §800.5(a)(1)
 Consult with SHPO/THPO and
stakeholders, the public
 Submit finding of “no adverse effect” or
go to next step
• Include supporting documentation
77

78. 4. Resolve Adverse Effects
 Notify ACHP of adverse effect
 Continue consultation with stakeholders
 Involve the public
 Consider ways to avoid or minimize
effects by modifying the project
 Negotiate mitigation to offset adverse
effects
 Execute Memorandum of Agreement
78

79. Expediting & Streamlining
Section 106
 Use §800.3(g) when appropriate
• Combine findings into 1 submission to
SHPO and stakeholders
 Use a Programmatic Agreement (§800.14(b))
• Tailors compliance to meet needs of your
program/activities
• Reduces SHPO review time
• Allows you to make decisions without SHPO
79

80. HUD Guidance Available
 HUD Historic Preservation website:
• http://www.hud.gov/offices/cpd/enviro
nment/ review/historic.cfm
 CDBG Pamphlet, “Preserving America”
 106 “Toolkit” for Neighborhood
Stabilization programs & activities
• Helpful tips and guidance
• Sample correspondence
• Sample Programmatic Agreement
80

81. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
81

82. Floodplain Management
EO 11988 & 24 CFR Part 55
Goal: AVOID development in Floodplain
• Unless there is No Alternative
• Requires 8 Step Process (Part
55.20)
• Written analysis
• 2 Public notices
• Comment 15 and 7 days
82

83. Floodplain
24 CFR Part 55.12
Exceptions:
 Acquisition of existing 1 to 4 family
dwellings
 Minor repairs to 1 to 4 family dwellings
 Incidental portion in FP (conditions)
 Projects with LOMA or LOMR
 Avoid the FP – reject the site
83

84. Floodplain
24 CFR Part 55
Is the building or construction
in the 100 yr Floodplain?
• If Yes,
 compliance time increased
 costs are increased
 flood insurance required:
 Grant: Economic life
 Loan: Life of loan
84

85. The 8-Step Process
What are the Steps:
1. Is the site in the FP/WL?
2. Early Public Notice
3. Evaluate Alternatives
4. Identify Impacts
5. Minimize Impacts
6. Reevaluate Alternatives
7. Publish Final Notice
8. Proceed and Mitigate
85

86. Streamlining Floodplain
24 CFR Part 55.25
Area-wide Compliance:
 Invite agencies with knowledge
to participate - scoping
 Requires development and
publication of strategy (2 notices)
 Determines mitigation for actions
 Expires in 10 years
86

87. Wetlands – EO 11990
24 CFR Part 58.5(B)(2)
Goal: Avoid Development
in Wetland
Water
Marks
87

88. Wetlands - EO 11990
Exceptions:
 Rehabilitation
 Acquisition of Existing
 Other projects without soil
disturbance
 Wetland on site but avoided
88

89. Wetlands – EO 11990
Identification
Step 1: Review Documentation:
• National Wetlands Inventory Map
• Soil Surveys
• USGS Topographic Maps
• Aerial Photographs
89

90. Wetlands – EO 11990
Identification
Step 2: Onsite observation:
• Plants
• Soil
• Water indicators
e.g. Drainage
patterns
90

91. Wetlands – EO 11990
If the site is in a Wetland the ER
must contain:
 Alternatives analysis
 Mitigation
 Proof of Public Notice
91

92. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Environmental Standards
• Noise
• Above Ground Storage
Tanks
• Clearzones
• Toxics
92

93. 24 CFR Part 51
 Subpart A: General Provisions
 Subpart B: Noise Abatement and
Control
 Subpart C: Above Ground Storage
Tanks with Flammable Liquids and
Gases
 Subpart D: Airport Clear zones
 24 CFR Part 58.5(i) Toxics
93

94. HUD Noise Standards
24 CFR Part 51 (b)
SOURCE
94

95. HUD Noise Standards
24 CFR Part 51 (b)
Exceptions:
 Acquisition of existing structures
without rehab
 Uses that are not noise sensitive
95

96. HUD’s Noise Standards
24 CFR Part 51(b)
Acceptable: Less than 65 DNL
Normally Unacceptable: 65 -75 DNL
Unacceptable: greater than 75 DNL
Determined by exterior noise levels
Interior Goal is 45 DNL
96

97. HUD Noise Standards
24 CFR Part 51 (b)
When is the calculation required?
Is the site:
 1000 feet from highway
 3,000 feet from a Railroad
 15 miles from a civil airport or military
airport
97

98. Above Ground Storage Tanks
24 CFR Part 51 (C)
98

99. Above Ground Storage Tanks
24 CFR Part 51 (C)
Exceptions:
Acquisition of existing single family
homes, multifamily developments,
other structures
 Rehabilitation with out expansion
Because the number of persons
exposed to is not increased
99

100. Above Ground Storage Tanks
24 CFR Part 51 (C)
Exceptions:
High Pressure Mobile tanks en route
Pipelines
Natural gas holders
Underground With Floating Tops
Storage Tanks
100

101. Above Ground Storage Tanks
24 CFR Part 51 (C)
Collect the following Information:
1. size of the tank
2. contents
3. liquid or gas
4. pressurized/ not under pressure
5. distance from project site
6. Is the tank diked or undiked?
101

102. Above Ground Storage Tanks
24 CFR Part 51 (C)
Use the Chart on Page 51 and 52
of the guide book to calculate the ASD
ASD
Stationery
Distance Above
Ground
HUD Storage Tank
assisted
Project
102

103. Mitigation Options
 Bury the assessed tank
 Move the building outside
the ASD
(exterior uses must also be
mitigated)
 Modify the building design
 Choose another site
 Design and implement a
barrier
103

104. Airport Clear Zones
24 CFR Part 51 Subpart D
Policy:
To avoid provision of HUD funds for
projects that are occupied or
frequently used by people
Exceptions:
Purchase of existing with notice and
written statement by airport operator
of no planned expansion or buy out
planned for the site
104

105. Airport Clear Zones
Part 51 Subpart D
Prohibits use frequented by people for:
• No New Construction
• No major rehab >75%
• No increase in density
• No purchase of land for development
105

106. APZ
Clearzone
106

107. Airport Clear Zones
24 CFR Part 51 Subpart D
Is there an airport in 1 mile of the site?
If no, document the file with a map
If yes:
Obtain:
• Civil: “Airport Layout Plan”
• Military: “AICUZ”
To determine:
• Civil: Runway Clear Zone
• Military:
 Clearzone and
 Accident Potential Zone
107

108. Airport Clear Zones
Part 51 Subpart D
When is an impact review required?
 When the project site is located at
the end of a runway:
• civil airport: 2,500 feet
• military airport: 15,000 feet
 If Yes,
ER must contain written
determination by airport operator
stating site in or out of Clearzone
108

109. Airport Clear Zones
Part 51 Subpart D
Leasing, purchase or sale in Clear Zone or
APZ
 Requires Notice
 see HUD website for a copy
Notice
Signature
109

110. Toxics
24 CFR Part 58.5(i)
Must determine site is :
• free of hazards,
contamination
 toxic chemicals, gas and
radioactive materials
• that could affect:
 health and safety of
occupants, and/or
 conflict with use of property
110

111. Toxics
24 CFR Part 58.5(i)
Emphasis on sites with likely
hazards:
• Landfills
• Dumps
• Industrial sites
• Gas stations
• Substations
111

112. Toxics
24 CFR Part 58.5(i)
Very Few Exceptions:
 Phase I: Environmental Site Assessment ASTM
standards do not apply to single family but
HUD regulations do apply
 However, all HUD funded projects must be free
from hazards that could affect the health and
safety of the residents or conflict with the
intended use of the property
112

113. Toxics
24 CFR Part 58.5(i)(2)
i. Site must be free of hazards
ii. Multifamily or nonresidential must
study previous use
iii. Emphasis on sites with known
hazards
iv. Current techniques by qualified
professionals
113

114. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Env. Standards
 Aquifers
114

115. Sole Source Aquifers
24 CFR Part 58.5(d)
Goal:
To preserve
and
conserve the
only
source of
water for a
community.
115

116. Sole Source Aquifers
Exceptions:
 Acquisition of
structures with no
change in use
 Rehab of existing
structures
 States and areas
with out sole source
aquifers
116

117. Sole Source Aquifers
Generally applies
to:
 New Construction
 Change of use
 Acquisition of
vacant land for
development
117

118. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Env. Standards
 Aquifers
 Endangered Species
118

119. Endangered Species Act
Goal: Conserve federally threatened
and endangered species
and their habitats.
119

120. Endangered Species Act
Exceptions:
 Building acquisition;
 Rehabilitation;
 Reconstruction w/in existing
footprint;
 Demolition;
 Other projects w/out soil
disturbance, vegetation removal or
excessive noise.
120

121. Endangered Species Act
Step 1: Consult with USFWS:
• Species known from county
(parish)
• Species known from project
watershed (aquatics)
 If no – “No Effect”
121

122. Endangered Species Act
Step 2: Species in community:
• Basic habitat (e.g. forest,
field)
• Staff survey (obvious
habitat absence)
• Professional survey
 No habitat – “No Effect”
 Habitat, no species – “Not
likely to adversely affect”.
122

123. Endangered Species Act
Likely to Adversely Affect:
 Biological Assessment
 Biological Opinion:
• Alternatives &
• Measures
123

124. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Env. Standards
 Aquifers
 Endangered Species
 Rivers
124

125. Wild and Scenic Rivers Act
24 CFR Part 58.5(f)
http://www.rivers.gov/
wildriverslist.html
To identify Wild and Scenic
Rivers
125

126. Wild and Scenic Rivers
Exceptions:
 Acquisition of existing structures
 Rehabilitation of existing structures
126

127. Wild and Scenic Rivers
Applies to designated rivers
 Study within 1 mile of site
 For:
• new construction
• change of use,
• major rehab and
• acquisition of land
127

128. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Env. Standards
 Aquifers
 Endangered Species
 Rivers
 Air
128

129. Air Quality
24 CFR Part 58.5(g)
• Is the site in a Non
-attainment Area?
• Local Requirements on
SIP?
• Will Project impact?
129

130. Air Quality
24 CFR Part 58.5(g)
Exceptions:
 Actions outside non-attainment
areas
 Emission levels below de minmus
level
 Rehabilitation activities
 Acquisition for continued use
 Land banking (required when site
is developed)
130

131. Air Quality
24 CFR Part 58.5(g)
Additional Issues:
 Demolition and Rehab
• Comply with EPA and State
Laws (emissions, asbestos &
lead)
 Project proximity to other
sources such as:
• Stack emissions
• Roads
131

132. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 HUD Env. Stadards
 Aquifers
 Endangered Species
 Rivers
 Air
 Farmlands
132

133. Farmlands Protection Act
24 CFR Part 58.5(h)
Avoid impact to farmlands designated as :
• Prime
• Unique
• State or Local Importance
133

134. Farmlands Protection Act
Exceptions:
 Rehabilitation of existing
buildings
 Acquisition of existing
buildings
134

135. Farmlands Protection Act
Applies to:
 New construction
 Land acquisition
Outside Urban areas
135

136. Farmlands Protection Act
If outside an urban area:
Consult “Important
Farmland Map”
from NRCS;USDOA
www.nrcs.usda.gov/technical/NRI/maps/meta/m5970.html
136

137. Farmlands Protection Act
If site is indicated on map:
 conduct analysis using form
AD1006
• If it meets threshold, contact
NRCS
137

138. Laws and Authorities 58.5
 Historic Preservation
 Floodplain &
Wetlands
 HUD Env. Standards
 Aquifers
 Endangered Species
 Rivers
 Air
 Farmlands
 Coastal Zone 138

139. Coastal Zones
24 CFR Part 58.5(c)
Coastal zone management
 Exceptions:
 Rehabilitation of
structures
 Acquisition of existing
structures
139

140. Coastal Zones
24 CFR Part 58.5(c)
Applies to:
 New construction
 Conversion of land use
 Major Rehabilitation
 Acquisition of
undeveloped land
140

141. Coastal Zones
24 CFR Part 58.5(c)
 Avoid
 If not,
• Increased compliance time
• Obtain letter indicating
project is Consistent with
State Coastal Zone
Management Plan
141

142. Laws and Authorities 58.5
 Historic Preservation
 Floodplain & Wetlands
 Coastal Zone
 Aquifers
 Endangered Species
 Rivers
 Air
 Farmlands
 HUD Env. Standards
 Environmental Justice
142

143. Environmental Justice
24 CFR Part 58.5(j)
 EO 12898
 Addresses:
• Disproportionate impact:
 adverse effects on human health
 environmental effects
 to low income and minority
populations
143

144. Environmental Justice
Exceptions:
 Projects without
adverse health
effects
144

145. Environmental Justice
E.O. 12898
Is there an environmental impact
or condition:
• If yes, does the condition
disproportionately affect:
Low Income
Minority
145

146. Environmental Justice
Applies to:
Disproportionate impact
to low income and
minority for:
 Acquisition of existing
housing
 Acquisition land for
development
 New Construction
146

147. Laws and Authorities 58.6
OTHER
 Flood Insurance
147

148. Laws and Authorities 58.6
OTHER
 Flood Insurance
 Coastal Barrier
148

149. Laws and Authorities 58.6
OTHER
 Flood Insurance
 Coastal Barrier
 Clear Zone
notice
149

150. Flood Insurance
Purchase of Flood
Insurance is
mandatory for
properties
assisted with
HUD funds &
located in the
Special Flood
Hazard Area
(SFHA) 100 year
flood plain
150

151. Flood Insurance
How Much – How long?
Grants:
 Life of the property
* Even if title is transferred
 Amount of the project cost
Loans:
 Life of the Loan
 Amount of the Loan
151

152. Flood Insurance
Exceptions
 Formula Grants to State
 State Owned Property
 Loans of < $5,000 repaid in 1 year
 Leasing without rehab, acquisition or
improvements
 Maintenance – very limited NOT Rehab
• See maintenance memo from you FEO
152

153. Coastal Barriers
Coastal Barrier Resources Act
Prohibits
Federal funding
for projects in
coastal barriers.
Consult DOI Maps
153

154. Coastal Barrier Resources
Designated by:
• US Fish and Wildlife
• Coastal Barrier Maps and FEMA Maps
Administered by:
• NOAA with local CZM Agencies
Covers:
• Gulf of Mexico
• Atlantic
• Great Lakes
154

155. Clearzone Notification
Notification mandatory for acquisition or
leasing including minor rehab in
Clearzone
Notice
Signature
155