- CPD Notices
Date Published: December 2017
This Notice provides guidance on interpretation of the floodway1 for purposes of compliance with HUD's Floodplain Management and Protection of Wetlands regulation, 24 CFR Part 55 ("Part 55"). Under Part 55, "no HUD financial assistance (including mortgage insurance) may be approved after May 23, 1994 with respect to any action other than a functionally dependent use or floodplain function restoration activity, located in a floodway" unless an exception in section 55.12(c) excludes the action from Part 55 compliance.2 Section 55.1 permits three categories of activities in a floodway: functionally dependent uses, floodplain restoration activities, and activities listed in section 55.12(c). Construction or repair of linear infrastructure does not fit into any of these categories and, therefore, cannot receive HUD assistance in a floodway. This prohibition presents challenges to large linear infrastructure activities which may pass over or under a floodway (such as a river or stream) without harm. Because Part 55 prohibits the use of HUD financial assistance for any action "located in a floodway," it is important to understand when actions are within a floodway for purposes of this Part. The purpose of this Notice is to define when linear infrastructure activities are considered to be located in a floodway under Part 55.