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Environmental Review Steps for NHTF

Environmental Review Steps for NHTF

National Housing Trust Fund (NHTF) projects must comply with Federal Housing Trust Fund (HTF) Environmental Provisions, which is a specialized federal environmental review for NHTF projects.

The Environmental Provision requirements and guidance are described in HUD Notice: CPD-16-14 (PDF).

HTF Environmental Provisions are outcome based and exclude agency consultation procedures that are typical under 24 Code of Federal Regulations (CFR) Part 58. This means that every environmental category must comply with HTF Environmental Provisions, or the project cannot use NHTF funds. HTF Environmental Procedures also do not require a level of review determination, public comment period, request for release of funds and certification, and authority to use grant funds.

HTF projects can be new construction or rehabilitation of public housing units and must meet the property standards described in 24 CFR §93.301, which includes HTF Environmental Provisions. Environmental mitigation is not an option for NHTF projects.

Please note: Caution should be used when combining NHTF Funding with other funding sources to avoid choice limiting actions and ensure that the other grant funding environmental requirements can be upheld.

Additional information can be found in our NHTF FAQs (PDF).

Step 1 — Determine if your project will be using only HTF funding sources, or if you will be using a combination of federal funding sources.

Step 2 — Select the correct environmental review document based on your answers in Step 1. HCD has prepared four different environmental review documents (linked below) depending on the proposed NHTF project status.

Step 3 — Open the file, review the instructions, and complete the beginning Project Information section.

Step 4 — All multifamily projects (over 4 units) are required to have a Phase I ESA (Environmental Site Assessment), and if any recognized environmental conditions (RECs) are identified in the Phase I ESA, a Phase II ESA will also be required.

As you go through the environmental provisions checklists, be sure you are including all supporting documentation, including any necessary technical studies and maps (See how to prepare a correct map/figure).

The HUD Exchange – Related Federal Laws and Authorities website should be used as a step by step guide for only the following six topics:

  • Coastal Barrier Resources System
  • Coastal Zone Management
  • Explosives and Hazards
  • Endangered Species
  • Sole Source Aquifers
  • Wild and Scenic Rivers

The remainder of the categories must adhere to the following requirements:

Historic Preservation

  • Document that the project is not listed or eligible to be listed on the National Register of Historic Places, unless the project activities meet the standards for rehabilitation.
  • If archaeological resources or human remains are discovered during construction, the grantee must consult with affected Tribes/descendant communities.

Farmland

  • Document the project will NOT convert unique, prime or significant farmland to an urban use.
  • Conversion of farmland to urban use is not permitted.

Airport zone

  • Document the project is NOT  located within a runway protection, clear, or accident potential zone by including a map of the project location and nearby military and civilian airports.
  • If the project is located within one of these areas it cannot be funded through HTF.

Floodplains

  • Construction and other activities in the 100-year floodplain are to be avoided when practicable.
  • If the project site is within the 100-year floodplain, document whether there is a practicable alternative. If so, select a site outside the floodplain. If there is no practicable alternative, provide the FIRM or later FEMA data and document that the structure has been elevated to at least the Base Flood Elevation (BFE) or floodproofed to one foot above the BFE, that elevated and floodproofed buildings adhere to National Flood Insurance Program standards, and that the project is a not a Critical Action as defined by 24 CFR §55.2(b)(3)(i).

Wetlands

  • No rehabilitation of existing properties is allowed that expands the footprint into a wetland.
  • A new construction project cannot be located in a wetland.

Contamination

  • All properties assisted with HTF funds must be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances.
  • HTF projects must not be located within 0.25-mile of a National Priorities List (Superfund) or CERCLIS (Comprehensive Environmental Response, Compensation, and Liability Information System) site or other contaminated site reported to Federal, State, or local authorities, unless an official statement from the appropriate agency stating that there is no hazard that could affect the health and safety of the occupants or conflict with the intended utilization of the property is provided.
    • Multifamily — All proposed multifamily housing (more than four housing units) requires a Phase I ESA. If the Phase I ESA identifies Recognized Environmental Conditions, a Phase II ESA is necessary.
      If a Phase II ESA identifies the presence of hazardous substances or petroleum products above applicable screening levels, coordination with the appropriate agency is required for remediation and the determination that no further action is required.

Noise

  • The external noise level should be less than 65 decibels (dB).
  • If the external noise level is between 65 dB and less than 75 dB, mitigation measures that result in an interior standard of 45 dB are acceptable.
  • If the exterior noise level is 75 dB or greater, the proposed project must have no noise sensitive outdoor uses (e.g., picnic areas, playgrounds, balconies, or patios) and mitigation measures to the building shell must achieve the 45 dB interior standard.

Safe Drinking Water

Projects with potable water must use only lead-free pipes, solder, and flux.

Endangered Species

  • Provide documentation that there are no endangered or threatened species, or critical habitats on the project site.
  • If so, it must be documented that the project will not jeopardize the species and will not adversely modify critical habitat. Informal consultation with U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service may be necessary.
  • If the project requires formal consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service, the project cannot be funded with HTF.
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