C.F.R. » Title 23 » CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER H—RIGHT-OF-WAY AND ENVIRONMENT › PART 772—PROCEDURES FOR ABATEMENT OF HIGHWAY TRAFFIC NOISE AND CONSTRUCTION NOISE

23 C.F.R. § 772.17

Information for local officials

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(a) To minimize future traffic noise impacts on currently undeveloped lands of Type I projects, a highway agency shall inform local officials within whose jurisdiction the highway project is located of:

(1) Noise compatible planning concepts;

(2) The best estimation of the future design year noise levels at various distances from the edge of the nearest travel lane of the highway improvement where the future noise levels meet the highway agency's definition of “approach” for undeveloped lands or properties within the project limits. At a minimum, identify the distance to the exterior noise abatement criteria in Table 1;

(3) Non-eligibility for Federal-aid participation for a Type II project as described in § 772.15(b).

(b) If a highway agency chooses to participate in a Type II noise program or to use the date of development as one of the factors in determining the reasonableness of a Type I noise abatement measure, the highway agency shall have a statewide outreach program to inform local officials and the public of the items in § 772.17(a)(1) through (3).

Notes of Decisions
Cited in 2 cases, 1998–2007 · leading case: Ass'n Concerned About Tomorrow, Inc. v. Slater, 40 F. Supp. 2d 823 (N.D. Tex. 1998).
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Ass'n Concerned About Tomorrow, Inc. v. Slater, 40 F. Supp. 2d 823 (N.D. Tex. 1998). “Upon review of the relevant portions of the SFEIS, this Court is of the opinion that the Defendants sufficiently determined and analyzed the anticipated traffic noise impacts and alternative noise abatement measures to mitigate those impacts, giving weight to the benefits and…”
Ware v. United States Fed. High. Admin., 255 F. App'x 838 (5th Cir. 2007). “See 23 C.F.R. § 772.17 (providing FHWA-approved methods); 23 C.”
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