Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 8501 - Planning › Chapter 03010 - Highway Noise Studies › REASONABLENESS › Section 37-1-8501-03010-503

Current through June 25, 2024
The following criteria will normally be used to
						determine the reasonableness of a noise barrier:
1. Each barrier should reduce the noise level
					 by at least 5 dBA at 4 or more residences that are expected to receive noise
					 impact. It is state policy that construction of a noise barrier is
NOT
					 REASONABLE
unless the noise barrier will reduce the noise level by at
					 least 5 dBA at 4 or more residences that are expected to receive noise
					 impact.
2. The residences were
					 constructed or the building permits were issued before the date of public
					 knowledge of the proposed highway project. It is state policy that construction
					 of a noise barrier is
NOT REASONABLE
if the residences were not
					 constructed or the building permits were not issued before the date of public
					 knowledge of the project. The date of public knowledge is the date the public
					 is officially notified of the adoption of the location of a proposed highway
					 project. This date is considered to be the date of approval of CEs, FONSIs, or
					 RODs when considering highway traffic noise and highway traffic noise
					 abatement.
3. A majority of
					 impacted residents who will benefit from the noise barrier want a noise barrier
					 (conduct a public meeting for impacted residents who would benefit from a noise
					 barrier, then conduct a survey or obtain a letter from local officials or a
					 community group stating residents' desire; also, encourage local officials to
					 include highway traffic noise in the land use planning process for added noise
					 abatement consideration). It is state policy that construction of a noise
					 barrier is
NOT REASONABLE
unless a majority of impacted residents
					 who will benefit (a noise reduction of 5 dBA or more) from the noise barrier
					 want a noise barrier even if all other criteria indicate that a noise barrier
					 is reasonable.
4. The barrier cost
					 is no more than $20,000/residence. All residences with noise reductions of 5
					 dBA or more will be counted. Each apartment unit will be counted as 1
					 residence. The barrier cost will include the cost of construction (material and
					 labor), the cost of additional right-of-way, the additional cost of relocating
					 utilities, and any other costs associated with the barrier.
5. The housing development predated initial
					 highway construction -- "most" impacted homes were built before construction of
					 the present highway.
6. The future
					 build noise levels are at least 66 dBA. Even if the noise levels are expected
					 to increase by more than 15 dBA noise barriers should normally not be
					 constructed unless the future build noise levels are at least 66 dBA.
7. The future build noise levels are at least
					 5 dBA greater than the existing noise levels.
8. The future build noise levels are at least
					 3 dBA greater than the future no-build noise levels.
9. Additional factors which can not be
					 anticipated may also be considered in determining the reasonableness of a noise
					 barrier, for example:
(1)animal migratory
					 paths;
(2) existing
					 zoning;
(3) the potential for land
					 use change in the area;
(4)
					 controls put in place by local officials to control incompatible development
					 adjacent to highways; and
(5) 
					 cultural resources such as historic places
.