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. § 772.7

Applicability

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(a) This regulation applies to all Federal or Federal-aid Highway Projects authorized under title 23, United States Code. Therefore, this regulation applies to any highway project or multimodal project that:

(1) Requires FHWA approval regardless of funding sources, or

(2) Is funded with Federal-aid highway funds.

(b) In order to obtain FHWA approval, the highway agency shall develop noise policies in conformance with this regulation and shall apply these policies uniformly and consistently statewide.

(c) This regulation applies to all Type I projects unless the regulation specifically indicates that a section only applies to Type II or Type III projects.

(d) The development and implementation of Type II projects are not mandatory requirements of section 109(i) of title 23, United States Code.

(e) If a highway agency chooses to participate in a Type II program, the highway agency shall develop a priority system, based on a variety of factors, to rank the projects in the program. This priority system shall be submitted to and approved by FHWA before the highway agency is allowed to use Federal-aid funds for a project in the program. The highway agency shall re-analyze the priority system on a regular interval, not to exceed 5 years.

(f) For a Type III project, a highway agency is not required to complete a noise analysis or consider abatement measures.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2001–2022 · leading case: West Langley Civic Ass'n v. Fed. High. Admin., 11 F. App'x 72 (4th Cir. 2001).
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West Langley Civic Ass'n v. Fed. High. Admin., 11 F. App'x 72 (4th Cir. 2001). “See 23 C.F.R. § 772.7 (2000). Because no noise barrier was built at West Langley when the Beltway was widened, the barrier sought by the Association is a Type II project.”
Highlands Ranch Neighborhood v. Cater (10th Cir. 2022). “See 23 C.F.R. § 772.7 (b) (requiring state-highway agencies to develop and implement noise-evaluation policies consistent with federal regulations).”
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