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Section 4 (f) and Section 6 (f) Updates

Section 4 (f) and Section 6 (f) Updates. Email questions to: OES@dot.state.oh.us. Section 6(f) Programmatic Agreement. Between ODOT/FHWA/ODNR/NPS Being created to streamline review and approval process New Recreational Section 4(f) and Section 6(f) Coordination Form

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Section 4 (f) and Section 6 (f) Updates

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  1. Section 4(f) and Section 6(f) Updates Email questions to: OES@dot.state.oh.us

  2. Section 6(f) Programmatic Agreement • Between ODOT/FHWA/ODNR/NPS • Being created to streamline review and approval process • New Recreational Section 4(f) and Section 6(f) Coordination Form • Will be required for all Section 4(f) coordination • Will be required for all Section 6(f) coordination • Coming soon!

  3. Recreational Section 4(f) Process -Step 1 • Districts must submit the following to OES via e-mail/CE Online System: • Project Description • Mapping • 4(f) Impacts (including name of 4(f) property/properties) • Plan sheets showing 4(f) property, if available • Name(s) of Official(s) with Jurisdiction (OWJ) • Leases and/or management plans, if applicable • OES will make a Section 4(f) Determination and will upload the Section 4(f) Determination e-mail to the Project File.

  4. Recreational Section 4(f) Process – Step 2 • District/consultant will need to obtain all necessary information to fill out the Recreational Section 4(f) and Section 6(f) Coordination Form. For example: • Confirm amount of right-of-way to be acquired • Complete Public Involvement activities, if applicable • Obtain concurrence from Official(s) with Jurisdiction (OWJ)

  5. Recreational Section 4(f) Process – Step 3 • Districts/consultants will prepare and submit the Recreational Section 4(f) and Section 6(f) Coordination Form to OES via the CE Online System. This step is completed once: • OES has made a Section 4(f) Determination; and • the District/consultant have obtained all of the necessary information (Public Involvement activities are completed, concurrence from OWJ has been obtained, etc.)

  6. Recreational Section 4(f) Process - Step 4 • Once OES receives a completed Recreational Section 4(f) and Section 6(f) Coordination Form, OES will complete the appropriate coordination in-house or with FHWA • If cleared in-house, OES will either issue an e-mail or IOC to the District. • If approval from FHWA is required, OES will prepare a coordination letter and send it to FHWA. • If approval from FHWA is required, FHWA will send an e-mail. Please note: OES will not issue an IOC or e-mail if an e-mail is received by FHWA. • Please refer to the Section 4(f) Programmatic Agreement (PA) for the review and approval timeframes.

  7. Recreational Section 4(f) Process – Step 5 • The Section 4(f) process must be discussed on the Section 4(f) 6(f) tab in the CE Online System and all commitments must be included in the NEPA document.

  8. Section 6(f) Process – Step 1 • Districts must submit the following to OES via e-mail/CE Online System: • Project Description • Mapping • 6(f) Impacts (including name of 6(f) property/properties) • Include length of closure(s) • Plan sheets showing 6(f) property, if available • OES will discuss the project with ODNR/NPS and a Section 6(f) Determination will be made. OES will upload the 6(f) Determination e-mail to the Project File. • OES will determine if the project meets the criteria for a Maintenance Type project • If so, OES will issue language to be included in the CE document and no additional 6(f) coordination is required

  9. Section 6(f) Process – Step 2 • District/consultant will need to obtain all necessary information to fill out Recreational Section 4(f) and Section 6(f) Coordination Form. For example: • Confirm amount of right-of-way to be acquired • Replacement property has been identified, if applicable • Preliminary coordination of replacement property has been conducted with ODNR/NPS (through OES)

  10. Section 6(f) Process – Step 3 • Districts/consultants will need to work with OES on all Conversions before preparing and submitting the Recreational Section 4(f) and Section 6(f) Coordination Form. • Replacement property must be identified • ODNR and NPS must complete a preliminary approval of the replacement property • Appraisal information is required

  11. Section 6(f) Process – Step 4 • Districts/consultants will prepare and submit the Recreational Section 4(f) and Section 6(f) Coordination Form to OES via the CE Online System. This step is completed once: • OES has made a Section 4(f) Determination; and • the District/consultant have obtained all of the necessary information (Public Involvement activities are completed, concurrence from OWJ has been obtained, Replacement property has been identified (if applicable), Preliminary coordination of replacement property has been conducted with ODNR/NPS (through OES) if applicable, etc.)

  12. Section 6(f) Process – Step 5 • Once OES receives the Recreational Section 4(f) and Section 6(f) Coordination Form and Section 4(f) coordination has been completed, OES will complete the appropriate coordination with ODNR/NPS • ODNR will approve Temporary Non-Conforming Use • NPS will approve Conversions • ODNR/NPS will send approval to OES via e-mail • OES will forward ODNR/NPS approval e-mail to District

  13. Section 6(f) Process – Step 6 • The Section 6(f) process must be discussed on the Section 4(f) 6(f) tab in the CE Online System and all commitments must be included in the NEPA document

  14. Recreational Section 4(f) Reminders • Only OES can make Section 4(f) determinations • Official with Jurisdiction (OWJ) letters cannot be sent until the appropriate Section 4(f) determination has been made • OWJ letters must include 4(f) specific language • Preliminary consultation with the OWJ is encouraged to help determine if it is a 4(f) property • Coordination packets should not be prepared and sent to OES to determine the level of 4(f) coordination • only required to complete the 4(f) coordination – once a determination has been made

  15. Schools and Recreational Section 4(f) • School property itself is not a Section 4(f) property • For schools, Section 4(f) only applies to recreation areas on the school property that: • Are open to the public and are publicly owned; and • Serve either organized or substantial walk-on recreational purposes that are determined to be significant • Official with Jurisdiction (OWJ) for schools is the Superintendent • Need to consult with the OWJ to determine Section 4(f) applicability (see above two bullets)

  16. Recreational Section 4(f) Process for Schools • For projects that require temporary or permanent ROW from a school property, which are noton or near playgrounds or potential recreation areas (e.g. road frontage maintained as lawn) and will not restrict access to the recreation areas, an OWJ letter is not required. Please complete the two bullets below and discuss as such in the NEPA Document. • Consult with OWJ to confirm that ROW take will not impact areas defined under the term ‘playground’. • Obtain concurrence (via e-mail) from OWJ that the project will not impact property subject to Section 4(f).

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