§ 55.16. Applicability of subpart C decision making process.
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/us/cfr/t24/s§ 55.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Table 1 to this section indicates the applicability, by location and type of action, of the decision making process for implementing Executive Order 11988 and Executive Order 11990 under this subpart. ::: {width="100%"} ::: {.table_head} Table 1 to § 55.16 ::: ::: {.gpotbl_div} Type of proposed action (new reviewable action or an amendment) 1 Floodways Coastal high hazard and LiMWA areas Wetlands or FFRMS floodplain outside coastal high hazard area, LiMWA area, and floodways Critical actions as defined in § 55.2(b)(3) Critical actions not allowed unless they meet the requirements for critical actions in § 55.8 and are processed under § 55.20 2 Critical actions not allowed unless they meet the requirements for critical actions in § 55.8 and are processed under § 55.20 2 Allowed if the proposed critical action is processed under § 55.20. 2 Noncritical actions not excluded under § 55.12 or § 55.13 Allowed only if the proposed non-critical action is not prohibited under § 55.8(a)(1) and is processed under § 55.20 2 Allowed only if the proposed noncritical action is processed under § 55.20 2 and is
(1)a functionally dependent use,
(2)existing construction (including improvements), or
(3)reconstruction following destruction caused by a disaster. If the action is not a functionally dependent use, the action must be designed for location in a coastal high hazard area under § 55.8(a)(3) Allowed if proposed noncritical action is processed under § 55.20. 2 ::: ::: {.table_foot} 1 Under Executive Order 11990, the decision making process in § 55.20 only applies to Federal assistance for new construction in wetlands locations. 2 Or those paragraphs of § 55.20 that are applicable to an action listed in § 55.14. ::: ::: \[89 FR 30910, Apr. 23, 2024\]
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