---
kind: "section"
citation: "44 C.F.R. § 9.12"
title: "44"
number: "9.12"
heading: "Final public notice."
url: "https://uscodex.org/cfr/44/9.12"
---

# §9.12. Final public notice.


If the Agency decides to take an action in or affecting a floodplain or wetland, it shall provide the public with a statement of its final decision and shall explain the relevant factors considered by the Agency in making this determination.

- (a) In addition, those sent notices under [§ 9.8](/cfr/44/9.8.md) shall also be provided the final notice.
- (b) For actions for which an environmental impact statement is being prepared, the FEIS is adequate to constitute final notice in all cases except where:
  - (1) Significant modifications are made in the FEIS after its initial publication;
  - (2) Significant modifications are made in the development plan for the proposed action; or
  - (3) Significant new information becomes available in the interim between issuance of the FEIS and implementation of the proposed action.
- (c) For actions for which an environmental assessment was prepared, the Notice of No Significant Impact is adequate to constitute final public notice, if it includes the information required under [paragraph (e)](#e) of this section.
- (d)
  - (1) For all other actions, the finding shall be made in a document separate from those described in paragraphs [(a)](#a), [(b)](#b), and [(c)](#c) of this section. Based on an assessment of the following factors, the requirement for final notice may be met in a cumulative manner:
    - (i) Scale of the action;
    - (ii) Potential for controversy;
    - (iii) Degree of public need;
    - (iv) Number of affected agencies and individuals;
    - (v) Its anticipated potential impact; and
    - (vi) Similarity of the actions, i.e., to the extent that they are susceptible of common descriptions and assessments.
  - (2) When a damaged structure or facility is already being repaired by the State or local government at the time of the project application, the requirements of Steps 2 and 7 ([§ 9.8](/cfr/44/9.8.md) and this section) may be met by a single notice. Such notice shall contain all the information required by both sections.
- (e) The final notice shall include the following:
  - (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland;
  - (2) A description of all significant facts considered in making this determination;
  - (3) A list of the alternatives considered;
  - (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards;
  - (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved;
  - (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and
  - (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information.
- (f) After providing the final notice, the Agency shall, without good cause shown, wait at least 15 days before carrying out the action.

## Notes

### Amendments

[45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983; 89 FR 57045, July 11, 2024]

### Authority

Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 4001 et seq.; 42 U.S.C. 4321 et seq.; E.O. 11988 of May 24, 1977, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990 of May 24, 1977, 42 FR 26961, 3 CFR, 1977 Comp. p. 121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 FR 27967.

### Source

Source: 45 FR 59526, Sept. 9, 1980, unless otherwise noted.

### Amendments

[45 FR 59526, Sept. 9, 1980, as amended at 48 FR 29318, June 24, 1983; 89 FR 57045, July 11, 2024]