Applicability of subpart C decision making process.

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. Table 1 to § 55.16 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 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]