Section 4(f) 6(f) areas

Legal requirements

• FHWA - Section 4(f), DOT Act
• FHWA - Section 4(f) policy paper
• Environmental laws, policies and regulations - FDM Chapter 20
• Land and Water Conservation Fund Act
• National Trails Systems Act
• Recreational Trails Program legislation
• Coastal Barrier Resources Act
• Scenic Byways Program
• De Minimis and section (f) programmatic evaluations comparison chart

FDM references

• FDM 5-5-10 coordination with National Park Service
• FDM 20-45-5 section 4(f)
• FDM 20-45-10 section 6(f)
• FDM 24-10-20 natural areas (definitions, effects on WisDOT project authority)

Worksheets/forms

See the Forms and tools page for factor sheets, programmatic and De Minimis section 4f determinations and guidance

FAQ's

What defines a 4(f) property?

Section 4(f) properties are publicly owned parks, recreation areas, wildlife or waterfowl refuges and any significant historical or archeological site. Archaeological sites are section 4(f) only if they are important for their location.

Section 4(f) is applicable to all federally funded transportation projects, and includes projects which use federal funds for any of their development including permits. See FDM 20-45-5. The FHWA section 4(f) policy paper provides additional information.

If the property is a historic or archeological site, whether publicly or privately owned, and is on or eligible for the National Register of Historic Places (NRHP), it may be a 4(f) property (see the archaeological exemption above).

A publicly owned golf course is a 4(f) property but a privately owned golf course, even if it is open to the public is not a 4(f) property. See the section 4(f) policy paper.

Programmatic section 4(f) evaluation for a project

A programmatic section 4(f) evaluation is not applicable to an (EIS) project. It may be applicable to an environmental assessment (EA) or environmental report (ER) if it meets the criteria in FDM 20-45-5.6.2.

What defines a 6(f) property?

Properties acquired or improved in whole or in part using funds from the Land and Water Conservation Fund Act (LWCF Act) may be covered by Section 6(f).

The Wisconsin Department of Natural Resources (WDNR) is the agency responsible for 6(f) properties and should be routinely contacted to determine whether any property being acquired is 6(f). LAWCON funds have been used to improve a number of different types of property, although the impetus has been recreational properties, or for recreational improvements to other properties such as a state forest. Use caution when acquiring any publicly owned land since LAWCON funds may have been used for acquisition or recreational improvements. See FDM 20-45-10.

6(f) property lists

To determine whether a property is 6(f) or not, contact the appropriate WisDOT region environmental coordinator and review the list for 6(f) properties.

Also, contact the WDNR environmental analysis liaison to ask if the property is Section 6(f). To determine if the requirements of Section 6(f) apply, it may be necessary to contact the WDNR Land and Water Conservation Fund program coordinator.