---identifier: "/us/cfr/t18/s725.3"source: "ecfr"legal_status: "authoritative_unofficial"title: "18 CFR § 725.3 - Applicability."title_number: 18title_name: "Conservation of Power and Water Resources"section_number: "725.3"section_name: "Applicability."chapter_name: "WATER RESOURCES COUNCIL"part_number: "725"part_name: "IMPLEMENTATION OF EXECUTIVE ORDERS 11988, FLOODPLAIN MANAGEMENT AND 11990, PROTECTION OF WETLANDS"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "The Water Resources Planning Act of 1965, sec. 402, Pub. L. 89-80, 79 Stat. 245 (42 U.S.C. 1962d-1), the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 ), the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 ), the Flood Disaster Protection Act of 1973, as amended (87 Stat. 975), E.O. 11988 and E.O. 11990 (42 FR 26951)."regulatory_source: "45 FR 76683, Nov. 20, 1980, unless otherwise noted."cfr_part: "725"---
Identifier
/us/cfr/t18/s725.3
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Water Resources Council
Authority
The Water Resources Planning Act of 1965, sec. 402, Pub. L. 89-80, 79 Stat. 245 (42 U.S.C. 1962d-1), the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 ), the National Flood Ins... The Water Resources Planning Act of 1965, sec. 402, Pub. L. 89-80, 79 Stat. 245 (42 U.S.C. 1962d-1), the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 ), the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 ), the Flood Disaster Protection Act of 1973, as amended (87 Stat. 975), E.O. 11988 and E.O. 11990 (42 FR 26951).
# 725.3 Applicability.These regulations apply to all Council actions which have the potential to affect floodplains or wetlands or which would be subject to potential harm if they were located in floodplains or wetlands. The basic test of the potential of an action to affect floodplains or wetlands is the action's potential to result in the long- or short-term adverse impacts associated with:(a) The occupancy or modification of floodplains, or the direct and indirect support of floodplain development; or(b) The destruction or modification of wetlands or the direct or indirect support of new construction in wetlands.These procedures apply to Level A and B regional or river basin planning activities carried out by regional planning sponsors including consideration of inclusion of site specific projects in Level A or B regional or river basin plans. These procedures do not apply to site specific Level C planning carried out by individual Federal agencies. Each Federal agency shall use its own procedures promulgated pursuant to these Orders for such Level C planning.