§ 55.9. Identifying wetlands.
212 words·~1 min read·
/us/cfr/t24/s§ 55.9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following process shall be followed in making the wetlands determination:
(a)HUD or the responsible entity shall determine whether the action involves new construction that is located in or impacts a wetland.
(b)As primary screening, HUD or the responsible entity shall verify whether the project area is located in proximity to wetlands identified on the National Wetlands Inventory
(NWI)and assess the site for visual indication of the presence of wetlands such as hydrology (water), hydric soils, or wetland vegetation. Where the primary screening is inconclusive, potential wetlands should be further evaluated using one or more of the following methods:
(1)Consultation with the Department of the Interior, U.S. Fish and Wildlife Service (USFWS), for information concerning the location, boundaries, scale, and classification of wetlands within the area.
(2)Reference to the Department of Agriculture, Natural Resources Conservation Service
(NRCS)National Soil Survey (NSS), and any Tribal, State, or local information concerning the location, boundaries, scale, and classification of wetlands within the action area and further site study by the environmental review preparer with reference to Federal guidance on field identification of the biological (rather than jurisdictional) characteristics of wetlands.
(3)Evaluation by a qualified wetlands scientist to delineate the wetland boundaries on site. \[89 FR 30906, Apr. 23, 2024\]