24 C.F.R. § 581.6

Current through November 30, 2024
Section 581.6 - [Effective 12/13/2024] Suitability criteria
(a) In general, properties will be determined suitable unless a property's characteristics include one or more of the following conditions:
(1)Flammable or explosive hazards. Property located less than an acceptable separation distance (under the standards in 24 CFR part 51, subpart C, and the HUD Guidebook, "Siting of HUD-Assisted Projects Near Hazardous Facilities" or successor guidebook) from any stationary above-ground container or facility which stores, handles, or processes hazardous substances of an explosive or fire prone nature (excluding containers and facilities that are not hazards as defined in 24 CFR 51.201 ), unless HUD can determine during the review period based on information provided by the landholding agency that appropriate mitigating measures, as defined in 24 CFR 51.205 , are already in place.
(2)Coastal barriers. Property located in a System Unit, as defined at 16 U.S.C. 3502(7) , under the Coastal Barrier Resources Act, as amended (16 U.S.C. 3501 et seq.).
(3)Site safety conditions. Property with a documented and extensive condition(s) that represents a clear threat to personal physical safety or health. Such conditions may include, but are not limited to, significant contamination from hazardous substances, as defined by 42 U.S.C. 9601 , periodic flooding, sinkholes, or landslides.
(b) In the cases in paragraphs (b)(1) through (4) of this section, properties will be determined unsuitable, unless the landholding agencies provide information to enable HUD to determine the property is suitable:
(1)Inaccessible. Property that is inaccessible, meaning that the property is not accessible by road (including property on small offshore islands) or is landlocked (e.g., can be reached only by crossing private property and there is no established right or means of entry).
(2)National security. Property located in an area to which the general public is denied access in the interest of national security (e.g., where a special pass or security clearance is a condition of entry to the property), unless there is an alternative method to gain access without compromising national security.
(3)Runway clear zones. Property located within a runway clear zone or a military airfield clear zone.
(4)Floodway. Property located in a floodway, unless only an incidental portion of the property is in the floodway and that incidental portion does not affect the use of the remainder of the property to assist the homeless.

24 C.F.R. §581.6

89 FR 89881 , 12/13/2024