37 Miss. Code. R. § 1-8501-03010-503

The following criteria will normally be used to determine the reasonableness of a noise barrier:

1. Each barrier should reduce the noise level by at least 5 dBA at 4 or more residences that are expected to receive noise impact. It is state policy that construction of a noise barrier is NOT REASONABLE unless the noise barrier will reduce the noise level by at least 5 dBA at 4 or more residences that are expected to receive noise impact.

2. The residences were constructed or the building permits were issued before the date of public knowledge of the proposed highway project. It is state policy that construction of a noise barrier is NOT REASONABLE if the residences were not constructed or the building permits were not issued before the date of public knowledge of the project. The date of public knowledge is the date the public is officially notified of the adoption of the location of a proposed highway project. This date is considered to be the date of approval of CEs, FONSIs, or RODs when considering highway traffic noise and highway traffic noise abatement.

3. A majority of impacted residents who will benefit from the noise barrier want a noise barrier (conduct a public meeting for impacted residents who would benefit from a noise barrier, then conduct a survey or obtain a letter from local officials or a community group stating residents' desire; also, encourage local officials to include highway traffic noise in the land use planning process for added noise abatement consideration). It is state policy that construction of a noise barrier is NOT REASONABLE unless a majority of impacted residents who will benefit (a noise reduction of 5 dBA or more) from the noise barrier want a noise barrier even if all other criteria indicate that a noise barrier is reasonable.

4. The barrier cost is no more than $20,000/residence. All residences with noise reductions of 5 dBA or more will be counted. Each apartment unit will be counted as 1 residence. The barrier cost will include the cost of construction (material and labor), the cost of additional right-of-way, the additional cost of relocating utilities, and any other costs associated with the barrier.

5. The housing development predated initial highway construction -- "most" impacted homes were built before construction of the present highway.

6. The future build noise levels are at least 66 dBA. Even if the noise levels are expected to increase by more than 15 dBA noise barriers should normally not be constructed unless the future build noise levels are at least 66 dBA.

7. The future build noise levels are at least 5 dBA greater than the existing noise levels.

8. The future build noise levels are at least 3 dBA greater than the future no-build noise levels.

9. Additional factors which can not be anticipated may also be considered in determining the reasonableness of a noise barrier, for example:

(1)animal migratory paths;

(2) existing zoning;

(3) the potential for land use change in the area;

(4) controls put in place by local officials to control incompatible development adjacent to highways; and

(5) cultural resources such as historic places

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Notes

37 Miss. Code. R. § 1-8501-03010-503