The USDOT defines a “Section 4(f) property” as any publicly owned land of a public park, recreation area or wildlife and waterfowl refuge of national, state or local significance, or land of an historic site of national, state or local significance ( ). To be protected under Section 4(f), a historic site must warrant preservation in place and must be included in or eligible for inclusion in the NRHP. A historic site does not need to be publicly owned to be subject to Section 4(f).

prohibits the USDOT from using land from a Section 4(f) property unless FHWA (or another USDOT agency with jurisdiction) determines there is no feasible and prudent alternative to the use of land from the property and that project planning includes all possible planning to minimize harm to the property resulting from such use. “Use” occurs when land is permanently incorporated into a transportation facility, when there is a temporary occupancy of land that is adverse in terms of the statute’s preservation purpose, or when there is a proximity impact so severe the protected activities, features or attributes qualifying the property for protection under Section 4(f) are substantially impaired (constructive use). A use of a protected property can be processed with a de minimis Section 4(f) finding if the use is minor and does not adversely affect the property. For a historic resource, the THC must concur in writing that the project does not have an adverse effect. For parks, recreation areas or wildlife and waterfowl refuges, the Official with Jurisdiction over the property must concur in writing that the project will not have an adverse effect to the protected activities, feature or attributes and that he or she agrees with any proposed mitigation.

Similar state laws apply to publicly owned properties designated and used as parks, recreation areas, scientific areas, wildlife refuges and historic sites and to private land encumbered by an agricultural conservation easement purchased under . Before land on a protected property can be taken or used, state law requires the LG must demonstrate there is no feasible and prudent alternative to the taking and must hold a public hearing. For protected properties subject to Section 4(f) and , the LG must document compliance with both statutes.

Guidance for Section 4(f) and other subjects can be found at the website.

In general, the LG must determine if a project impacts property subject to Section 4(f) and must coordinate with TxDOT accordingly. The provides guidance related to this determination and the responsibilities of both the LG and TxDOT.