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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Flexibility for non-acoustic benefits. Where it is determined that program objectives cannot be achieved on sites meeting the acceptability standard of 65 decibels, the Acceptable Zone may be shifted to Ldn70 on a case-by-case basis if all the following conditions are satisfied:
(1) The project does not require an Environmental Impact Statement under provisions of § 51.104(b)(1) and noise is the only environmental issue.
(2) The project has received a Special Environmental Clearance and has received the concurrence of the Environmental Clearance Officer.
(3) The project meets other program goals to provide housing in proximity to employment, public facilities and transportation.
(4) The project is in conformance with local goals and maintains the character of the neighborhood.
(5) The project sponsor has set forth reasons, acceptable to HUD, as to why the noise attenuation measures that would normally be required for new construction in the Ldn65 to Ldn70 zone cannot be met.
(6) Other sites which are not exposed to noise above Ldn65 and which meet program objectives are generally not available.
The above factors shall be documented and made part of the project file.
Cite this article: FindLaw.com - Code of Federal Regulations Title 24. Housing and Urban Development § 24.51.105 Exceptions - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-24-housing-and-urban-development/cfr-sect-24-51-105/
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 or via Westlaw before relying on it for your legal needs.
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