Environmental Review Toolkit

Section 4(f) Tutorial

Section 4(f) Overview

This section will start you off with a general overview of the statute known as Section 4(f). More detailed information about each topic presented here is available as you navigate through this site.

collapse list What is Section 4(f)?

Section 4(f) refers to the original section within the U.S. Department of Transportation Act of 1966 which provided for consideration of park and recreation lands, wildlife and waterfowl refuges, and historic sites during transportation project development. The law, now codified in 49 U.S.C. §303 and 23 U.S.C. §138, applies only to the U.S. Department of Transportation (U.S. DOT) and is implemented by the Federal Highway Administration (FHWA) and the Federal Transit Administration through the regulation 23 Code of Federal Regulations (CFR) 774.

collapse list What is a use?

Use of a Section 4(f) property occurs: (1) when land is permanently incorporated into a transportation project; (2) when there is a temporary occupancy of land that is adverse in terms of the statute's preservation purpose; or (3) when there is a constructive use (a project's proximity impacts are so severe that the protected activities, features, or attributes of a property are substantially impaired) Substantial impairment occurs only when the protected activities, features or attributes of the resource are substantially diminished..