39 CFR § 776.4 - Scope.

---
identifier: "/us/cfr/t39/s776.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "39 CFR § 776.4 - Scope."
title_number: 39
title_name: "Postal Service"
section_number: "776.4"
section_name: "Scope."
chapter_name: "UNITED STATES POSTAL SERVICE"
subchapter_number: "K"
subchapter_name: "ENVIRONMENTAL REGULATIONS"
part_number: "776"
part_name: "FLOODPLAIN AND WETLAND PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "39 U.S.C. 401."
regulatory_source: "64 FR 56254, Oct. 19, 1999, unless otherwise noted."
cfr_part: "776"
---


# 776.4 Scope.

(a) The regulations in this subpart are applicable to the following proposed postal facility actions located in a floodplain:

(1) New construction, owned or leased; or

(2) Construction projects at an existing facility that would increase the amount of impervious surface at the site.

(b) These procedures are not applicable to the following postal facility actions:

(1) Those actions identified in paragraphs (a)(1) and (a)(2) of this section, when the entire preferred area, or all contending sites, for such actions lies within a floodplain;

(2) Incidental construction, such as construction of athletic fields, recreational facilities, sidewalks, and other minor alteration projects;

(3) Construction at existing postal facilities pursuant to the Architectural Barriers Act or postal accessibility standards;

(4) Any facility construction project deemed necessary to comply with federal, state, or local health, sanitary, or safety code standards to ensure safe working conditions;

(5) Construction of facilities that are functionally dependent on water, such as piers, docks, or boat ramps;

(6) Maintenance, repair, or renovation of existing facilities; or

(7) Leasing or other use of space for not more than one year.