§ 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed actions.

With the exception of the flood insurance requirements in § 55.5, this part shall not apply to the following categories of proposed HUD actions: (a) HUD-assisted activities described in 24 CFR 58.34 and 58.35(b); (b) HUD-assisted activities described in 24 CFR 50.19, except as otherwise indicated in § 50.19; (c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if: (1) The property is cleared of all existing buildings and walled structures; and (2) The property is cleared of related improvements except those which: (i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas); (ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and (iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property. (d) An action involving a repossession, receivership, foreclosure, or similar acquisition of property to protect or enforce HUD's financial interests under previously approved loans, grants, mortgage insurance, or other HUD assistance; (e) Policy-level actions described at 24 CFR 50.16 that do not involve site-based decisions; (f) A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain or wetland; (g) HUD's or the responsible entity's approval of a project site, an incidental portion of which is situated in the FFRMS floodplain (not including the floodway, LiMWA, or coastal high hazard area), but only if: (1) The proposed project site does not include any existing or proposed buildings or improvements that modify or occupy the FFRMS floodplain except de minimis improvements such as recreation areas and trails; and (2) The proposed project will not result in any new construction in or modifications of a wetland. (h) Issuance or use of Housing Vouchers or other forms of rental subsidy where HUD, the awarding community, or the public housing agency that administers the contract awards rental subsidies that are not project-based (i.e., do not involve site-specific subsidies); (i) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and persons with disabilities.