CFR

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 action (new reviewable action or an amendment)	Type of proposed location
	Floodways	Coastal high hazard areas	100-year floodplain outside high hazard area	Area between 100- and 500-year floodplain
Critical actions as defined in § 55.2(b)(2)	Critical actions not allowed	Critical actions not allowed	Allowed if the proposed critical action is processed under § 55.20 1	Allowed if the proposed critical action is processed under § 55.20 1.
Non-critical actions not excluded under § 55.12 (b) or (c)	Allowed only if the proposed action is a functionally dependent use and processed under § 55.20 1	Allowed only if the proposed action: (1) Is either (a) designed for location in a coastal high hazard area or (b) a functionally dependent use; and (2) is processed under § 55.20 1	Allowed if the proposed action is processed under § 55.20 1	Any non-critical action is allowed without processing under this part.
1 Or those paragraphs of § 55.20 that are applicable to an action listed in § 55.12(a) .

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