may also be available for noise abatement planning and acoustical treatments for
proposed and existing incompatible land uses within the AICUZ.
Residential construction may be permitted within certain noise contours, provided sound
attenuation is accomplished. The added construction expense of sound attenuation,
however, may make siting in these noise exposure areas financially less attractive.
Because the HUD policy is discretionary, variances may also be permitted, depending on
regional interpretation and local conditions. The Department also has a policy
(24 CFR 51D) that prohibits funding for projects in runway Clear Zones and Accident
Potential Zones, unless the project is compatible with any applicable AICUZ
recommendations.
Endangered Species Act
The Endangered Species Act (ESA) of 1973 established a program for the conservation of
threatened and endangered plants and animals and their habitats. The U.S. Fish and
Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA)
are the lead implementing agencies of the ESA. The USFWS has primary responsibility for
terrestrial and freshwater organisms, while the responsibilities of NOAA Marine Fisheries
Service (NMFS) are mainly marine wildlife. Under the ESA, species may be listed as either
endangered or threatened. “Endangered” means a species is in danger of extinction
throughout all or a significant portion of its range. “Threatened” means a species is likely
to become endangered within the foreseeable future.
When a species is proposed for listing as endangered or threatened under the ESA,
USFWS must consider whether there are areas of habitat believed to be essential to the
species' conservation. Those areas may be proposed for designation as "critical habitat."
The determination and designation of critical habitat is one of the most confusing aspects
of the ESA. A critical habitat designation does not necessarily restrict further
development; it is a reminder to federal agencies that they must make a special effort to
protect the important characteristics of these areas.
The ESA requires federal agencies, in consultation with the USFWS and/or the NMFS, to
ensure that actions they “authorize, fund, or carry out are not likely to jeopardize the
continued existence of any listed species or result in the destruction or adverse
modification of designated critical habitat of such species.” The Act also prohibits any
action that results in take of any listed species. “Take” is defined as “to harass, capture,
or collect or attempt to engage in an such conduct.” The ESA provides a platform for the
protection of species that may be at risk of extinction and critical habitat.
Only activities that involve a federal permit, license, or funding and that are likely to
destroy or adversely modify critical habitat will trigger review under the ESA. If this is the
case, USFWS will work with the federal agency and, where appropriate, private or other
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Planning & Compatibility Tools