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24 CFR Part 58: how a HUD environmental review works, from exemption to release of funds

24 CFR Part 58 lets a state, local government or tribe, as the responsible entity, take on HUD's NEPA review duties for programs such as CDBG and HOME[1][2][3]. The entity sets each project's level of review, keeps an environmental review record (ERR) and, where required, files a Request for Release of Funds (RROF)[4][5][3].

By Ilya Volodarsky. 28 sources, last read on . This page explains the law; it is not legal advice.

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    • A first draft of your Environmental Review Record, from a project description or the files you already have
    • Precedent research: analog projects and their documents, found for you
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    Describe the project and ePlan drafts the environmental review record with the project description, level of review and related-law findings; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting an Environmental Review Record by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    HEROSePlan.aiDrafts download as Word for your staff to enter in HEROS or keep in the ERR; ePlan does not file in HEROSBy handWriting each section from scratch in HEROS or a Word format
    Starting pointePlan.aiAn ERR that follows a reference review you upload or one it finds, with your project facts filled in and gaps markedBy handA blank CEST or EA format
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    HUD Part 58 vs Part 50: who does the environmental review?

    Part 50 covers reviews HUD does itself, as for FHA housing; Part 58 covers programs whose statute lets a responsible entity do them, such as CDBG, HOME and HOPWA[3][1]. For CDBG and HOME the entity is the grant recipient[8]; its Certifying Officer signs as the responsible federal official and answers for it in federal court[9].

    Alexandria, Virginia, wrote one tiered CEST in HEROS to cover five years of CDBG and HOME housing work, up to 75 units citywide. It cleared farmland, aquifers and wetlands once, and set written strategies for the four laws checked at each site: flood insurance, lead and asbestos, historic preservation and noise[10].

    Levels of review: exempt, categorical exclusions under 24 CFR 58.35, EA and EIS

    Extraordinary circumstances can push an excluded project to an EA or EIS[8][11]. The 2026 ROAD to Housing Act will widen the exempt and excluded levels after HUD amends Parts 50 and 58[12][13]. Until then[3]:

    • Exempt (58.34): studies, administration, public services, inspections, design; 58.6 still applies[14][15]
    • CENST (58.35(b)): tenant-based rental assistance, supportive services, operating costs; no RROF[11]
    • CEST (58.35(a)): no EA, but the 58.5 laws apply; e.g. 1-to-4 unit rehab[11]
    • EA (58.36): anything not exempt or excluded[16]
    • EIS (58.37): potentially significant impacts, or 2,500 or more housing units[17]

    Notices, comment periods and the Request for Release of Funds (HUD-7015.15)

    Where an RROF is needed, no one may commit HUD funds, or act in a way that harms the environment or limits alternatives, until HUD or the State approves it[5]. An EA's FONSI notice can be combined with the Notice of Intent to Request Release of Funds (NOI-RROF)[18].

    After comment, the Certifying Officer signs the RROF; HUD or the State takes objections, on 58.75 grounds only, for 15 days[19][20][21][22]. Minimum comment periods[23][24]:

    • FONSI, alone or with the NOI-RROF: 15 days published, 18 mailed and posted
    • NOI-RROF alone: 7 days published, 10 mailed and posted
    • FONSI for a unique, controversial or EIS-like project: 30 days
    Outline

    What an environmental review record contains

    Section 58.38 sets what an ERR holds[4]; this follows HUD's suggested EA format[25]. ESA section 7 is one of the related laws it covers.

    1. Project information

      Responsible entity, preparer, Certifying Officer, location, HUD programs and total cost from all sources[25].

    2. Project description and need

      Every activity, grouped under 58.32, even those HUD does not fund; why it is needed; current site conditions[4][3][26].

    3. Compliance with 58.5 and 58.6

      For each law, any steps or mitigation needed: Section 106, floodplains, wetlands, species, noise, contamination and radon[25][27][28].

    4. EA factors

      An impact code for each land development, socioeconomic, community facility, natural feature and energy factor[25].

    5. Alternatives and mitigation

      Alternatives including no action, and mitigation written into contracts[25][26].

    6. Determination and signatures

      FONSI or finding of significant impact, public notices, and the Certifying Officer's signature[26][4].

    Sources

    Where each statement comes from

    Show all 28 sources
    1. [1]24 CFR 58.1 - Purpose and applicability. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    2. [2]24 CFR 58.4 - Assumption authority. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    3. [3]Orientation to Environmental Reviews. HUD Exchange, U.S. Department of Housing and Urban Development. Read October 2, 2026.
    4. [4]24 CFR 58.38 - Environmental review record. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    5. [5]24 CFR 58.22 - Limitations on activities pending clearance. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    6. [6]Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5 (suggested CEST format). U.S. Department of Housing and Urban Development. Read October 2, 2026.
    7. [7]HEROS: HUD Environmental Review Online System. HUD Exchange, U.S. Department of Housing and Urban Development. Read October 2, 2026.
    8. [8]24 CFR 58.2 - Terms, abbreviations and definitions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    9. [9]24 CFR 58.13 - Responsibilities of the certifying officer. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    10. [10]Tiered Environmental Review for Activity/Project that is Categorically Excluded Subject to Section 58.5: 2022-2026 Broad-based ERR (HEROS 900000010191033). City of Alexandria, Virginia, Office of Housing, August 20, 2021. Read October 3, 2026.
    11. [11]24 CFR 58.35 - Categorical exclusions. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    12. [12]21st Century ROAD to Housing Act, Pub. L. 119-101, sections 206 and 501(l). GovInfo, July 11, 2026. Read October 2, 2026.
    13. [13]Environmental Review (including the 21st Century ROAD to Housing Act notice). HUD Exchange, U.S. Department of Housing and Urban Development. Read October 2, 2026.
    14. [14]24 CFR 58.34 - Exempt activities. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    15. [15]24 CFR 58.6 - Other requirements. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    16. [16]24 CFR 58.36 - Environmental assessments. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    17. [17]24 CFR 58.37 - Environmental impact statement determinations. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    18. [18]24 CFR 58.43 - Dissemination and/or publication of the findings of no significant impact. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    19. [19]24 CFR 58.71 - Request for release of funds and certification. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    20. [20]24 CFR 58.74 - Time for objecting. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    21. [21]24 CFR 58.75 - Permissible bases for objections. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    22. [22]24 CFR 58.72 - HUD or State actions on RROFs and certifications. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    23. [23]24 CFR 58.45 - Public comment periods. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    24. [24]24 CFR 58.46 - Time delays for exceptional circumstances. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    25. [25]Environmental Assessment: Determinations and Compliance Findings for HUD-assisted Projects, 24 CFR Part 58 (suggested format). U.S. Department of Housing and Urban Development. Read October 2, 2026.
    26. [26]24 CFR 58.40 - Preparing the environmental assessment. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    27. [27]24 CFR 58.5 - Related Federal laws and authorities. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    28. [28]HUD's Departmental Radon Policy Notice (Notice CPD-23-103). HUD Exchange, U.S. Department of Housing and Urban Development. Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    • No deadline, only minimum periods. A combined, published FONSI and NOI-RROF needs 15 days of comment, then 15 days for objections once HUD or the State has the RROF.

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