Code of Federal Regulations: Containing a Codification of Documents of ...

development activities and public and private development; and

(9) Implement a comprehensive plan or part thereof or related plans or planning.

(b) Develop energy conservation measures and provide for the rational development of areas impacted by new energy extraction efforts or related activities;

(c) Develop and carry out a comprehensive plan, as part of an on-going comprehensive planning process, which includes, but is not limited to the following:

(1) Preparation, as a guide for governmental policies and action, of general plans with respect to:

(i) Land use planning activities necessary to satisfy the land use element requirement of § 600.72;

(ii) Housing planning activities necessary to satisfy the housing element requirement of § 600.70;

(iii) The provision of public facilities (including transportation facilities) and other governmental services; and

(iv) The effective development and utilization of human and natural resources;

(2) Identification and analysis of area needs (including housing, employment, education and health) and formulation of specific programs for meeting the needs so identified;

(3) Survey of structures, districts and sites which are determined by the appropriate authorities to be of historic or architectural value, including:

(i) Identification of historic structures and sites; and

(ii) Development of other information needed for, or appropriate to, a balanced and effective program of historic preservation;

(4) Long-range physical and fiscal planning as a guide for governmental policy and action;

(5) Programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite financing plans for such expenditures in the earlier years of the improvement program;

(6) Coordination of all related plans and activities (including A-95 activities and code and regulatory activities affect ing community development and housing) of the State and local governments and agencies concerned; and

(7) Preparation of regulatory and administrative measures in support of the foregoing;

(d) Conduct studies and research relating to needed revisions in State statutes which create, govern or control local governments and local governmental operations;

(e) Devise methods for obtaining effective citizen participation, pursuant to $600.80, in the determination of major plans, policies, priorities or objectives;

(f) Devise methods for achieving equal opportunity through the planning process;

(g) Develop an environmental review system;

(h) Meet and carry out other HUD program objectives or requirements including, but not limited to, the following: (1) Community development and housing program planning;

(2) New community planning;

(3) Preparation of flood control studies and flood plain management measures to meet the standards for eligibility under the National Flood Insurance Program;

(4) Disaster mitigation and hazard reduction planning; and

(5) Support for national growth and urban development objectives.

(i) Support State services to substate applicants including, but not limited to:

(1) Direct technical assistance to local or areawide officials on problems of community development;

(2) Advice on pending development decisions;

(3) Professional studies concerning local development problems, objectives, alternatives, and priorities, and organizational and administrative processes; and

(4) Preparation of technical guides and manuals dealing with planning, programming, or managament of public services, facilities, and resources; or suggesting new approaches to concerns such as housing, community relations, or capital improvement programming. [39 FR 43381, Dec. 12, 1974]

§ 600.58 Ineligible activities: all appli

cants.

Applicants, as part of their assisted Comprehensive Planning work, may not include the following:

(a) Acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities or public works projects;

(b) Routine administrative activities not allowable under HUD Handbook II, 6042.1 Rev. (para. 3-16) or related to the purposes of the grant, and direct administration of governmental programs;

(c) Multi-colored, odd-sized or glossy reports, except when multiple colors are required on maps to distinguish features, uses or other differences;

(d) Political activities; and

(e) Assistance to businesses in relocating to the detriment of communities where businesses currently are located and assistance to subcontractors in acquiring business customarily performed by other subcontractors.

[37 FR 6667, Apr. 1, 1972, as amended at 39 FR 43382, Dec. 12, 1974]

The Assistant Secretary for Community Planning and Development may waive any Section, or part thereof, of the regulations in this Part not required by law whenever he determines that:

(a) A planning need exists which cannot otherwise be adequately met and where the application of such requirement would adversely affect the purposes of the planning assistance; or

(b) Such requirement would inhibit effective and efficient administration of Integrated Grant Administration (IGA) or other joint funding projects. [39 FR 43382, Dec. 12, 1974]

Subpart B-Special Requirements § 600.60 Purpose.

The purpose of this subpart is to describe special requirements that applicants must comply with to receive Comprehensive Planning Assistance.

§ 600.65

Environmental considerations. HUD requires that planning activities funded under the Comprehensive Planning Assistance Program be conducted in full accord with the policies and provisions of the National Environmental Policy Act of 1969 (Public Law 91-190).

(a) Environmental goals. The environmental goals of the Comprehensive Planning Assistance Program are to:

(1) Improve and conserve the quality of the air, water and earth resources for the benefit of present and future generations in the planning and shaping of man-made environments;

(2) Assure that environmental concern and awareness becomes an integral part of the comprehensive planning

process, since comprehensive planning is a major means for accomplishing community development on a sound environmental basis; and

(3) Achieve those goals set forth in the National Environmental Policy Act of 1969 (section 101), some of which are: (i) "* assure for all Americans safe, healthful, productive and aesthetically and culturally pleasing surroundings; (ii) "* * Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iii) “* Achieve a balance between population and resource use which permit high standards of living and a wide sharing of life's amenities."

(b) Inclusion of environmental planning in the comprehensive planning process. Each applicant in the developmental planning aspects of its assisted comprehensive planning work should:

(1) Identify salient elements of the natural and the man-made environments, their interrelationships, and major problems and/or opportunities they present for community development;

(2) Assess those environmental factors which will:

(i) Minimize or prevent undue damage, unwise use, or unwarranted preempting of natural resources and opportunities;

(ii) Recognize and make prudent allowance for major latent environmental dangers or risks (e.g. floods, mud slides, earthquakes, air and water pollution);

and

(iii) Foster the human benefits obtainable from use of the natural environment by wise use of the opportunities available (e.g. use of natural drainage systems for park and recreational areas); and

(3) Seek, under the above policies and goals, to:

(1) Avoid adverse environmental impacts on neighborhood or community areas through the planning and careful location and development of community facilities;

(ii) Provide environmental amenities to all areas being planned for, and access to such amenities; and

(iii) Equalize the impact and burden of community change and development on living areas, rather than concentrate them in areas where "sites are cheap"; and

(4) Incorporate State environmental policies and standards, particularly those developed in response to Federal law regarding protection on air and water quality and control and abatement of noise.

(c) Environmental assessment. Each applicant shall prepare an environmental assessment when the assisted work program will result in developmental plans or policies for land use, major community facilities, major utility systems, major transportation systems or the protection of natural areas (estuaries, coastal zones, etc.). The assessment, which shall not be written as a justification for any proposed project, program, task or policy, must:

(1) Include the following:

(1) A summary or abstract of the proposed plan(s) or policies;

(ii) The environmental impact (beneficial as well as adverse) of the proposed plan(s) or policies, if they are carried out;

(iii) Any adverse environmental effects which cannot be avoided should the proposed plan(s) or policies be implemented;

to the proposed

(iv) Alternatives plan(s) or policies and an analysis of those alternatives;

(v) The relationship, under the proposed plan(s) or policies, between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity;

(vi) Any irreversible and irretrievable commitments of resources which would be involved if the proposed plan(s) or policies should be implemented; and

(vii) A statement setting forth applicable Federal, State and local environmental controls;

(2) Be appended to the resulting proposed plan and accompany the plan through all deliberatons leading to approval and subsequent amendment; and

(3) Be available to the public on a timely basis, including availability before public hearings regarding the plan. $ 600.66

ations.

Historic preservation consider

(a) Requirement. HUD requires that planning activities funded under section 701 of the Housing Act of 1954, as amended, be carried out in accord with section 106 of the National Historic Preservation Act of 1966 and section 110(b) (4) of the National Environmental Policy Act of 1969.

(b) Goal. The goal is the preservation and enhancement of historic and cultural districts, sites, buildings, structures and objects, which are significant in American history, architecture, archeology and culture.

(1) Seek, pursuant to the goals and policies of this section, to avoid adverse impacts on properties nominated to or listed in the National Register of Historic Places.

(2) Consult with the appropriate State Historic Preservation Officer, designated under agreements between the State and the Secretary of Interior, concerning criteria, standards, and procedures which should be used to avoid adverse impacts on National Register properties in the planning process.

(d) Historic preservation assessment. Each recipient shall prepare a historic preservation assessment when the assisted activities includes the preparation of plans or policies for development which may impact National Register properties. Such assessment shall:

(1) Include the following:

(i) A summary or abstract of the proposed plans or policies;

(ii) The impact (beneficial and adverse) of the proposed plans or policies, if they are carried out;

(iii) Any adverse impacts which cannot be avoided should the proposed plans or policies be carried out;

(iv) Alternatives to the proposed plans or policies;

(v) The impact of proposed plans and policies on the long-term maintenance and enhancement of National Register properties; and

(vi) A statement setting forth applicable Federal, State and local controls or programs for conserving and enhancing historical properties.

(2) Be appended to the resulting proposed plan or policy and accompany the plan or policy through all local deliberations leading to approval and any subsequent amendment of the plan or policy; and

(3) Be available to the public on a timely basis, including availability prior to any public hearings regarding the plan or policy.

[39 FR 43382, Dec. 12, 1974]

(a) General. Each recipient of assistance shall carry out an ongoing comprehensive planning process which makes provision for citizen involvement and involves the development and subsequent modifications of a comprehensive plan.

(b) Ongoing comprehensive planning process. Each recipient shall establish policies, procedures and/or institutional arrangements to insure that planning carried out with comprehensive planning assistance is part of an ongoing process.

(c) Comprehensive plan requirement. Each recipient of assistance shall develop a comprehensive plan that, over time, addresses the elements of comprehensive planning as described in § 600.55 (c), as the recipient determines to be appropriate to its needs and responsibilties. Such plan shall include, as a minimum, a housing element and a land use element, which elements shall be consistent with each other and with stated national growth policy objectives. 139 FR 43382, Dec. 12, 1974]

§ 600.70 Required housing element.

(a) General. No grant will be made to any applicant identified in § 600.25(a) through (f) after August 22, 1977, unless the applicant has satisfied the requirements of this section, except that this prohibition shall not be applicable in the case of an applicant which has never been a prior recipient of a comprehensive planning grant (other than a special needs grant pursuant to § 600.50). The housing element, pursuant to Title XVI of the Housing Act of 1968, as amended, shall promote the realization as soon as feasible of the goals of a decent home and a suitable living environment for every American family. The housing element shall also specify broad goals and annual objectives (in measurable terms wherever possible); programs designed to accomplish these objectives; and procedures, including criteria set forth in advance, for evaluating programs and activities to determine whether the objectives are being met. In developing these goals, objectives, programs and evaluation procedures recipients shall:

(1) Take into account all available evidence of the assumptions and statistical bases upon which the projection of zoning, community facilities and population growth is based.

39-082-75---7

(2) Provide for the elimination of the effects of discrimination in housing based on race, color, religion, sex or national origin and provide safeguards for the future.

(3) Take into account the need to preserve existing housing and neighborhoods through such measures as housing preservation, rehabilitation, improvements in housing management and maintenance, and the provision of adequate municipal services.

(b) In fulfilling the housing element responsibility:

(1) States. Shall develop policies, strategies, legislative and administrative proposals and evaluation techniques necessary to accomplish State housing goals and objectives and, where applicable, develop a policy or plan for the geographical allocation of State controlled housing assistance.

(2) Areawide planning organizations shall: (i) Identify the housing needs of the current and prospective population by appropriate geographic sectors and provide for the distribution of housing resources (including assisted housing) to meet the needs of all citizens in order to provide a choice of housing types and location.

(ii) Develop policies, strategies and legislative and administrative proposals necessary to accomplish areawide housing goals and objectives.

(3) Large cities, urban counties and localities shall: (i) Identify the housing needs of the current and prospective population by appropriate geographic sectors and identifiable segments of the population and provide for the distribution of housing resources (including assisted

housing) to meet the needs of all citizens in order to provide a choice of housing types and location.

(ii) Develop public-private policies, strategies and implementation activities necessary to accomplish housing goals and objectives, including the provision of essential public facilities and services.

(c) Work programs or overall program designs submitted by applicants shall describe the current status of all official housing planning and implementation activities within the applicant's jurisdiction and the relationship of the proposed program to other planning and management activities to be undertaken by the applicant. Large cities, urban counties and localities shall take into account the housing planning activities and plans

undertaken pursuant to Title I and II of the Housing and Community Development Act of 1974 in developing their housing element. Funds will not be made available for duplicative basic data collection and analysis.

(d) Large cities, counties and localities may enter into agreements with county or areawide planning organizations to provide some or all of the required housing planning, provided that the combined housing planning is of sufficient detail (pursuant to this section) and the large city, county, or locality develops publicprivate policies, strategies and implementation activities necessary to accomplish housing goals and objectives, including the provision of essential public facilities and services.

[39 FR 43382, Dec. 12, 1974]

§ 600.72 Required land use element.

(b) Intent. It is the intent of this section to enable States, units of general local government and area wide planning organizations to integrate all existing land use policies and functional planning activities impacting land use and, when determined necessary by the recipient, to address additional elements considered important to its total land use planning effort. The unified land use policies and plans of a State, unit of general local government and areawide planning organization should be such that they serve as a guide for governmental decisionmaking on all matters related to the use of land, including, for example, air and water quality concerns, waste disposal, transportation, protection of coastal areas, open space, environmental conservation, development and housing. A further objective is to facilitate coordinated

land use policies among the various levels of government. Recipients will have latitude to develop the element required in this part in a form which will allow them to meet the requirements of other Federal programs requiring comparable land use elements or components thereof. It is the further intent of this section to permit recipient jurisdictions to address other significant land use problems which it determines to be of priority concern based on a consideration of those which are of principal relevance to the area affected. In selecting its priorities for action, each recipient should consider:

(1) Identification of existing uses of land and land resources;

(2) Projections of land use needs and land resource development;

(3) Identification of public facilities, utilities, open space needs, transportation needs and other services required to support projected uses of land;

(4) The impact of the recipient's proposed policies (including tax policies) on air and water quality, coastal zone management, waste disposal, areas of critical concern, natural resources including productive soils, availability of land and need for conserving land, the conservation of energy, and disaster mitigation activities;

(5) Distribution of growth including possible locations for new communities, large scale projects and key facilities; and

energy

(6) The conservation of through land use strategies designed to reduce energy consumption and the development of policies designed to facilitiate the recovery of energy resources in a manner compatible with environmental protection and future reuse of lands.

(c) States and Areawide Planning Organizations. (1) Each State and areawide planning organization, in accordance with the policies established through the consultation process in $600.120 and included in the State overall program design, shall include the following in its land use element:

(i) Long and short term policies, and where appropriate administrative procedures and legislative proposals, with regard to where growth should and should not take place;

(ii) The type, intensity and timing of growth;

(iii) Studies, criteria, standards and implementing procedures necessary for effectively guiding and controlling major

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