+-----------------------+-----------------------+-----------------------+
| **General             | **Legislation**       | **Regulation**        |
| requirements**        |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Encourage land use    | Noise Control Act of  | 24 CFR Part 51        |
| patterns for housing  | 1972                  | Subpart B             |
| and other noise       |                       |                       |
| sensitive urban needs | The Quiet Communities | Noise Guidebook       |
| that will provide a   | Act of 1978 as        |                       |
| suitable separation   | amended               |                       |
| between them and      |                       |                       |
| major noise sources   | OMB Circular 75-2,    |                       |
|                       | "Comparable Land Uses |                       |
|                       | at Federal Airfields" |                       |
+-----------------------+-----------------------+-----------------------+

1\. Is the project for new construction, purchase or resale of existing,
modernization, or rehabilitation of noise sensitive use (i.e., housing,
mobile home parks, nursing homes, hospitals, and other non-housing uses
where quiet is integral to the project's function, e.g., libraries)?

> No: STOP here. The project is not subject to the noise standards.
> Record your determination that the project is not subject to the noise
> standards in your ERR.
>
> Yes: PROCEED to \#**2**

2.  Is the project located within 1,000 feet of a busy road or highway,
    3,000 feet of a railroad, or 15 miles of a civil airport or military
    airfield? Are there any other potential noise sources in the project
    vicinity that could produce a noise level above HUD's acceptable
    range, including but not limited to concert halls, night clubs,
    event facilities, etc.... ?

> No: STOP here. Record your determination. You do not need to calculate
> a specific noise level.
>
> Yes: Assess the noise level using HUD's Noise Guidebook. You must
> complete a desk calculation for roads, rail, and airports but will
> need a sound level meter to measure other noise sources. PROCEED to
> \#**3**

3\. Determine the actions to take based on the project and HUD
Acceptability Standards

+--------------------------------+--------------------------------------+
| ### HUD G                      |                                      |
| eneral Acceptability Standards |                                      |
+--------------------------------+--------------------------------------+
| #### HUD determination         | ***Day night average sound level in  |
|                                | decibels (dB)***                     |
+--------------------------------+--------------------------------------+
| Acceptable                     | Not exceeding 65 dB                  |
+--------------------------------+--------------------------------------+
| Normally Unacceptable          | Above 65 dB but not exceeding 75dB   |
+--------------------------------+--------------------------------------+
| Unacceptable                   | Above 75 dB +                        |
+--------------------------------+--------------------------------------+

Is the activity for:

Construction of new noise sensitive use? PROCEED to 3.a

Purchase or resale of otherwise acceptable existing buildings (existing
buildings are either more than 1 year old or buildings for which this is
the second or subsequent purchaser)? Proceed to 3.b

Modernization? Proceed to 3.c

> Major or substantial rehabilitation (use the definition contained in
> the specific program guidelines)? Proceed to 3.d

a.  New Construction

> Is the Day-Night average sound level:
>
> [Above 75 dB]{.underline}. **Construction of new noise sensitive uses
> is generally prohibited**, an EIS is required prior to the approval.
> The Assistant Secretary or Certifying Officer may waive the EIS
> requirement in cases where noise is the only environmental issue and
> no outdoor sensitive activity will take place on the site. (Under §
> Part 50 approval is required of the Assistant Secretary for CPD, under
> § Part 58 the Certifying Officer must provide approval). Document the
> ERR.
>
> [Above 65 dB but not exceeding 75 dB.]{.underline} **[Construction of
> new noise sensitive uses is discouraged]{.underline}** -- all new
> projects require special environmental reviews and may require special
> approvals prior to construction (except when the threshold has been
> shifted to 70 dB as described below). Information is provided at
> 51.104 (b)(1). Document ERR include the special review and approval.
> Document attenuation if approved.
>
> [Not exceeding 65 dB.]{.underline} (this threshold may be shifted to
> 70 dB on a case-by-case basis when 6 specific conditions are satisfied
> as described at Section 51.105(a)). Noise levels are acceptable.
> Document the ERR

**b. Purchase or Resale of Existing Building**

**Is the Day-Night average sound level above the acceptable level?**

> Yes. Consider environmental noise as a marketability factor when
> considering the amount of insurance or assistance that will be
> provided to the project? Noise exposure by itself will not result in
> the denial of HUD support for the resale and purchase of otherwise
> acceptable existing buildings. Record your determination in the ERR.

No. Record your determination in the ERR

**c. Modernization**

**Is the Day-Night average sound level above the acceptable level?**

> Yes. Encourage noise attenuation features in alterations. Record your
> determination in the ERR.
>
> No. Record your determination in the ERR

**d. Major or Substantial Rehabilitation**

**Is the Day-Night average sound level:**

> [Above 75 dB]{.underline}. HUD or the RE shall actively seek to have
> project sponsors incorporate noise attenuation features, given the
> extent and nature of the rehabilitation being undertaken and the level
> of exterior noise exposure and will strongly encourage conversion of
> the noise exposed sites to land uses compatible with the high noise
> levels. Document the ERR.
>
> [Above 65 dB but not exceeding 75 dB]{.underline}. HUD or the RE shall
> actively seek to have project sponsors incorporate noise attenuation
> features, given the extent and nature of the rehabilitation being
> undertaken and the level of exterior noise exposure Document ERR.
>
> [Not exceeding 65 dB.]{.underline} (this threshold may be shifted to
> 70 dB on a case-by-case basis when 6 specific conditions are satisfied
> as described at Section 51.105(a)). Noise levels are acceptable.
> Document the ERR.