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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) As required by 40 CFR 1508.27(a) and (b), NCPC's determination of whether an EIS is required and whether impacts are significant shall be made with consideration to the context and intensity of the impacts associated with a proposed action.
(b) The significance of an action is determined in the context of its effects on society as a whole, the National Capital Region and its Environs, the particular interests affected, and the specific locality or area within which the proposed action is located. The context will vary from project to project and will be based on the type, attributes, and characteristics of a particular proposal.
(c) The significance of an action is also determined based on the severity of impacts imposed by the proposal. Severity shall be determined based on an evaluation of a proposal in the manner outlined in 40 CFR 1508.27(b)(1) through (10). The evaluation shall also be informed by the relevant policies of “The Comprehensive Plan for the National Capital: Federal Elements” and other applicable Commission plans and programs. Proposed actions that conflict with or delay achievement of the goals and objectives of Commission plans and programs are generally more likely to be found to have significant impacts than proposals that are consistent with Commission plans and programs.
(d) Proposed actions shall also be deemed significant and require an EIS if they exhibit at least one of the following characteristics:
(1) The proposed action results in a substantial change to the Monumental Core.
(2) The proposed action causes substantial alteration to the important historical, cultural, and natural features of the National Capital and its Environs.
(3) The proposed action is likely to be controversial because of its impacts on the human environment.
Cite this article: FindLaw.com - Code of Federal Regulations Title 1. General Provisions § 1.601.19 Context, intensity, and significance of impacts - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-1-general-provisions/cfr-sect-1-601-19/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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