Section 4f

OBJECTIVES
This portion of the document will acquaint you with the Section 4(f) concept of use. When you have finished, you should have a basic understanding of the following:

The three conditions under which use occurs
The four main types of use (noting, especially, the differences between permanent and temporary easements, which can be subtle but critical to Section 4[f] applicability)
The broad range of Other Considerations, including the Transportation Enhancement Activities (TEAs)

ORIENTATION
The term use—as it relates to Section 4(f)—denotes an adverse impact to, or occupancy of, a Section 4(f) resource. There are three conditions under which use occurs:

when Section 4(f) property is acquired outright for a transportation project
when there is occupancy of property that is adverse in terms of Section 4(f)'s preservationist purpose (primarily relates to cultural resources)
when the proximity impacts of a transportation project on Section 4(f) property, even without acquisition of the property, are so great that the purposes of the property are substantially impaired

Section 4(f) use is typically characterized as one of four main types:

fee simple
permanent easement
temporary easement
constructive

In addition, there is a host of unique situations that constitute what we have termed Other Considerations, and that do not necessarily fit into any of these four main categories. The remainder of this section addresses the four main types of use, as well as many of the other uses you are likely to encounter.