Section 4f

Parks and recreation areas are among the three basic types of resources protected by Section 4(f). In order to qualify as a park or recreation area under the statute, a resource must meet the following criteria:

It must be publicly owned
It must be open to the public
Its major purpose must be for park or recreation activities
It must be significant as a park or recreation area

IT MUST BE PUBLICLY OWNED
As you might expect, public ownership in Section 4(f) refers to ownership by a local, state or federal government agency. However, the idea of ownership does not necessarily mean that the government has a proprietary interest in the land, although it may. Public ownership can also mean that a government entity simply has a legal interest in the land, such as a perpetual easement for conservation purposes, for example.

In cases where this broader, more ambiguous concept of ownership is applied, it will be necessary to review deed plans and other records to determine whether or not piece of land is publicly owned.

Section 4(f) identifies three types of public ownership:

NOTE: Section 4(f) does not apply if a park or recreation area is owned by a private institution or an individual, even if it is open to the public.

IT MUST BE OPEN TO THE PUBLIC
A resource that is open to the public is one where access is not limited to specific members of the public; rather, it is available to the entire public during normal hours of operation.

If a resource is restricted to a select group of people (i.e., not the general public), it is not considered open to the public and is therefore not considered a Section 4(f) resource. For example, if a publicly owned recreational facility (such as a state university softball complex, for example) is open only to students, faculty and staff, then it would not be considered open to the public.

ITS MAJOR PURPOSE MUST BE RECREATION
Recreation refers to typical outdoor activities such as walking, hiking and birding, for example, as well as organized sports like soccer, softball and lacrosse. Maryland offers many outdoor recreation opportunities Major purpose is not so easily defined. In order to determine a piece of land's major purpose, you will have to review its master plan to see if the purpose is explicitly stated, and formally consult with the officials with jurisdiction over the land. For parks and recreation areas, the officials with jurisdiction are often the owners or administrators of the land, who may be one or more federal, state or local agencies.

Lands used primarily for non-recreational purposes but that host recreational activities which are incidental, secondary, occasional, or dispersed do not have recreation as a major purpose. Here are a few examples:

land used primarily for equipment storage
land used to house park administration buildings
land that has some open space but with limited access and parking, and with no formal designation or recreational elements such as ball fields, play equipment, trails, and so forth
a reservoir that primarily serves to protect drinking water, but also provides opportunities for incidental hiking, boating, and so forth

IT MUST BE SIGNIFICANT AS A PARK OR RECREATION AREA
A recreational resource is considered significant if its availability and function, when compared to the overall recreation objectives of the surrounding community, are thought to fulfill those objectives. This condition is not always easy to assess. A determination is usually made by the official with jurisdiction but must be reviewed by the Federal Highway Administration (FHWA), who can reverse the determination if they see fit. Resources will be presumed significant in the absence of a determination by the official with jurisdiction.

The meaning of significance may need to be explained to an official with jurisdiction. It is best described with an example of two parks.

The argument can be made that Park B is not considered significant. In order to make this determination you should review the community's recreational goals, which may be described in a master plan, and you should formally consult with the official with jurisdiction.