Exceptions to HUD’s Wetlands Review Requirements

The November 2013 amendments to the U.S. Department of Housing and Urban Development’s (HUD) regulation on floodplains and wetlands introduced several exceptions that could exclude certain projects from wetlands review. These exceptions can be found in various sections of the regulation, specifically 55.12(a)(3), 55.12(a)(4), 55.12(c)(3), 55.12(c)(7), and 55.12(c)(10). Here is a summary of each exception:

  1. 55.12(a)(3): This exception states that a project may be excluded from wetlands review if it involves the restoration or rehabilitation of a wetland area that has been degraded, damaged, or destroyed as a result of human activity. The intent is to promote the ecological recovery of previously impacted wetlands.
  2. 55.12(a)(4): This exception allows for the exclusion of projects from wetlands review if they involve the construction or expansion of a single-family residence or a minor accessory structure. The purpose is to provide flexibility for homeowners in making improvements to their properties without unnecessary regulatory burden.
  3. 55.12(c)(3): This exception states that a project may be excluded from wetlands review if it involves the construction or maintenance of linear transportation facilities, such as roads or rail lines, that do not substantially affect the functions and values of the wetland area. This exception aims to streamline the review process for transportation infrastructure projects that have minimal impacts on wetlands.
  4. 55.12(c)(7): This exception allows for the exclusion of projects from wetlands review if they involve the construction or maintenance of water control structures, such as dikes, levees, or dams, designed to manage water levels or prevent flooding. The purpose is to ensure that necessary flood control measures can be implemented efficiently without hindrance from wetlands regulations.
  5. 55.12(c)(10): This exception states that a project may be excluded from wetlands review if it involves the construction or maintenance of temporary structures or facilities related to emergencies or disaster response efforts. The aim is to facilitate timely and effective responses to emergencies, allowing for the quick establishment of essential temporary infrastructure.

These exceptions introduced in the November 2013 amendments to HUD’s regulation on floodplains and wetlands provide specific circumstances in which projects can be excluded from wetlands review. It is important to note that the applicability of these exceptions depends on the specific details and impacts of each project, and compliance with other relevant environmental regulations may still be required.