C.F.R. » Title 23 » CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER G—ENGINEERING AND TRAFFIC OPERATIONS › PART 650—BRIDGES, STRUCTURES, AND HYDRAULICS › Subpart A—Location and Hydraulic Design of Encroachments on Flood Plains

23 C.F.R. § 650.113

Only practicable alternative finding

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(a) A proposed action which includes a significant encroachment shall not be approved unless the FHWA finds that the proposed significant encroachment is the only practicable alternative. This finding shall be included in the final environmental document (final environmental impact statement or finding of no significant impact) and shall be supported by the following information:

(1) The reasons why the proposed action must be located in the flood plain,

(2) The alternatives considered and why they were not practicable, and

(3) A statement indicating whether the action conforms to applicable State or local flood-plain protection standards.

(b) [Reserved]

[44 FR 67580, Nov. 26, 1979, as amended at 48 FR 29274, June 24, 1983]
Notes of Decisions
Cited in 2 cases, 1985–1986 · leading case: Cnty. of Bergen v. Dole, 620 F. Supp. 1009 (D.N.J. 1985).
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Cnty. of Bergen v. Dole, 620 F. Supp. 1009 (D.N.J. 1985). “23 C.F.R. 650.113(a). Thus, when an agency has concluded that a project will not have a significant impact on floodplains, no written findings are required by floodplain regulations or E.”
Wade v. Dole, 631 F. Supp. 1100 (N.D. Ill. 1986). “See Federal-Aid Highway Program Manual 6-7-3-2, Transmittal 315, 15 November 1979; 23 C.F.R. § 650.113 (“A proposed action which includes a significant [flood plain] encroachment shall not be approved unless the FHWA finds that the proposed significant encroachment is the only…”
23 C.F.R. § 650.113(a): 1 case
Cnty. of Bergen v. Dole, 620 F. Supp. 1009 (D.N.J. 1985). “23 C.F.R. 650.113(a). Thus, when an agency has concluded that a project will not have a significant impact on floodplains, no written findings are required by floodplain regulations or E.”
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