Larger projects, office conversions, and infill projects are put in the second exclusion tier
What the document says“(vi) Infill projects consisting of new construction, rehabilitation, or development of residential housing units.”
The section requires the Secretary to put a third group of activities under rules equivalent to the categorical exclusions in sections 58.35(a) and 50.20 of title 24 of the Code of Federal Regulations as they stood on January 1, 2025, again only where the work does not materially alter environmental conditions or exceed the original scope. That group covers acquisitions of open space or residential property kept in the same use, conversion of existing office buildings into housing subject to a unit ceiling set by the Secretary and a 20 percent limit on the change in building size, projects of 5 to 15 units on a site, scattered site projects of 15 or more units with no more than 15 on a site, rehabilitation of residential buildings of 5 to 15 units without added density, infill projects, and the voluntary acquisition of properties in a floodway, floodplain, or other delineated area hit by a predictable environmental threat caused or worsened by a federally declared disaster.
What the document actually says“(vi) Infill projects consisting of new construction, rehabilitation, or development of residential housing units.”
Infill projects go in this group. That covers building new homes, fixing old ones, and putting up housing on such a site.
This group carries more conditions than the lighter one. Turning an office block into homes is on the list. So is buying out a home hit by flooding after a declared disaster.
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