Local land use
Determine existing local land use by consulting the Land Use Element in the appropriate County or City GMA Comprehensive plan and the corresponding Future Land Use Map. Visit Land use & transportation planning for additional information on local government plans and the GMA.
Identify existing land use
National forests
Check our Geographic Information System (GIS) workbench Political and Administrative Boundaries>Major Public Lands for forests layer and the US Forest Service’s (USFS) Pacific Northwest Forest Areas website to determine if your project is within a national forest. If your work takes place outside of our right of way and within the boundaries of a national forest, contact the USFS ranger station for the forest you are working in to determine if you need to apply for a Special Use Permit during final design.
State forest & trust lands
If your work requires harvesting timber or salvaging logs, stumps, or snags on state forest or trust lands on private forest lands or within WSDOT right of way, your project may need a Forest Practices permit. Contact the Washington State Department of Natural Resources (DNR) regional office to determine if your project needs a Forest Practices application/notification during final design.
State waters
You may need an Aquatic Use Authorization from DNR for in water or overwater work on state-owned aquatic lands. Some activities may be covered by an existing easement agreement with DNR that allows for maintenance work such as hanging bridge stringers. Coordinate with your region’s Real Estate Services Office to see if you need to apply for an Aquatic Use Authorization during final design.
For work in waters of the State, also see Wetlands & other waters.
Section 4(f) - Publicly owned parks, recreational areas, and refuges
For projects where a transportation agency is the federal lead, check land use maps and our GIS workbench to identify publicly owned parks and recreational areas open to the public and wildlife and waterfowl refuges protected under Section 4(f) of the US Department of Transportation Act.
Section 4(f) also protects historic sites. Use the Cultural resources & archaeology webpage to identify historic sites in or near the project area.
Use the FHWA (Federal Highway Administration) Section 4(f) Tutorial and Section 4(f) Policy Paper for background, fundamental definitions and requirements of Section 4(f). Identify the Section 4(f) properties in the project study areas.
Review the list of Other Considerations to identify properties that do not fit neatly into the Section 4(f) definition.
Use the Describing a Section 4(f) property guidance (DOCX 17KB) to document the location and attributes of the properties.
Section 6(f) and other grant funded properties
Visit the Washington State Recreation and Conservation Office (RCO) Project Search webpage to determine if your project will impact a property that has or will use RCO grant funds. Click on “Theme or Fund Source” and check all options in the list to display past, current and present RCO grant funded projects. If it will, coordinate with the RCO or National Park Service and refer to RCO Manual 7 (PDF 255KB) for policies and procedures.
Parcels purchased with Land and Water Conservation Fund Act (LWCF) funds require additional work to convert the land to a transportation use.
Farmland
Consult the WSDOT GIS Environmental Workbench farmland soils layer or county or local GIS data to determine if land designated as 'prime', 'unique', or 'of state or local significance' will be impacted by your project. If your project or mitigation site will impact areas with any of these farmland soil types, notify the National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA) Program, NEPA-SEPA@wsdot.wa.gov as soon as possible.
Lands that are exempt from the Farmland Policy Protection Act (FPPA) requirements include: soils not suitable for crops (such as sand dunes), farmland within urbanized areas including the adopted Urban Growth Area, land that has already been converted to industrial, commercial, residential, or recreational use, and farmland within existing right of way purchased on or before August 4, 1984.
If not exempt, federally funded projects need to submit the appropriate form for either a corridor or single location project found on the Natural Resource Conservation Service (NRCS) FPPA webpage. NRCS will return a Farmland Conversion Impact Rating (FCIR) score, which will determine if projects need to consider alternative actions to reduce adverse impacts to farmlands during the project design phase.
The FHWA Environmental Toolkit suggests that when a proposed project impacts farmland, the draft environmental analysis should:
- Summarize the results of early consultation with the NRCS and, as appropriate, State and local agriculture agencies where farmland could be directly or indirectly impacted by any alternative under consideration.
- Contain a map showing the location of all farmlands in the project impact area.
- Discuss the impacts of the various alternatives.
- Identify measures to avoid or reduce the impacts.
For assistance with the farmland conversion process, refer to the NRCS Farmland Assessment Procedure.
Critical areas
Check the local agencies’ Growth Management Act (GMA) Critical Areas Ordinances and GIS maps (if available) and the Municipal Research and Services Center’s (MRSC) Critical Areas website to determine if your work is in a critical area and if a permit is required. Coordinate with the local agency if you think your work may be in a critical area for instructions on how and when to get a permit.
Fish passage projects that qualify for the Fish Habitat Enhancement Program Hydraulic Project Approval (see the Fish webpage) are exempt from critical area permits and approvals.
Examples of critical areas include wetlands and buffers, aquifer recharge areas, wellhead protection areas, frequently flooded areas, geographically hazardous areas, fish and wildlife habitat, and conservation areas. Find how to comply with laws and regulations for these areas on the other discipline webpages:
Wild & Scenic Rivers
If work is in or near a river or a water resources project (including highway reconstruction and bridge replacement/modification), check to see if the river is listed in one of these three protected categories:
- Congressionally Designated Wild and Scenic Rivers Section 3(a) - Use the map to find the river's classification (Wild, Scenic, or Recreational) and description of the designated reach.
- Congressionally Authorized Study Rivers Section 5(a) - The State of Washington does not currently have any active Section 5(a) studies.
- Candidate rivers Section 5(d)(1) - Search the Washington NRI list for the river in your area. For work in or around candidate rivers, determine whether the work will impact the river by:
- Preventing free flow
- Making water quality worse
- Negatively affect the "outstandingly remarkable values"
Local land use
Determine existing local land use by consulting the Land Use Element in the appropriate County or City GMA Comprehensive plan and the corresponding Future Land Use Map. Visit Land use & transportation planning for additional information on local government plans and the GMA.
Regularly coordinate with landowners and local agencies during design.
Document use of Section 4(f) properties
Determine level of use
The level of “use” of a Section 4(f) resource will determine the type of evaluation and documentation required. Answer the questions below for each Section 4(f) property you identified during scoping in or near the project area to determine the requirements for your project. A project may impact more than one Section 4(f) resource. Determine level of use for each resource and document separately, except when doing an Individual Evaluation.
1. Does the project have any Section 4(f) resources (parks, recreation areas, wildlife refuges, historic properties) impacted/used within the project limits?
- No - Answer Categorical Exclusion (CE) Checklist question. Document where properties are in or next to the project and avoidance/minimization commitments of no use
- Yes - Continue to the next question.
2. Does the project permanently incorporate land from the Section 4(f) property into the transportation facility?
- No - Determine if one of the Section 4(f) exceptions in 23 CFR 774.13 applies. If not, continue to next question.
- Yes - Continue to the next question.
3. Does the project adversely affect the activities, features, or attributes that make the property eligible for Section 4(f) protection, when including mitigation?
- No - The use may be de minimis.
- Yes - If you identify only minor impacts, check to see if the use fits in a Section 4(f) Programmatic Evaluation.
If a Programmatic does not apply, do an Individual Evaluation.
Document use
Exceptions
Use the following documents to determine if work fits one of the common exceptions under 23 CFR 774.13 and what to do if it does:
To use the Exception 23 CFR 774.13 (a) for work on work on historic transportation facilities, a cultural resource specialist must determine “no adverse effect” with a State Historic Preservation Officer or Tribal Historic Preservation Officer concurrence.
De minimis
Use the de minimis impact determination (DOCX 29KB) to document the determination for federal approval.
Use the de minimis letter template (DOCX 17KB) to send the determination to the official with jurisdiction for concurrence.
Distribute the de minimis impact determination and concurrence letter for public review and comments on the effects of the project on the protected activities, features, and activities of each Section 4(f) resource.
If a Discipline Report is needed, use the Section 4(f) (PDF 57KB) Discipline Report checklist for general guidance during your review.
Individual evaluation
Work with the NEPA/SEPA Program and the federal lead to develop your strategy.
Follow these submittal requirements (PDF 60KB) when submitting your Individual Evaluation to the Department of Interior.
Document conversion of Section 6(f) properties
If your project must convert Section 6(f) recreational land to a transportation purpose, follow the Recreational Land Conversion (PDF 85KB) procedure.
Ask the RCO what the next steps are. They will provide you with links to the appropriate forms and guidance materials. Contact the sponsor of the property to discuss the project and its potential impacts. Together, determine roles and responsibilities and a schedule for the 6(f) conversion review process, including:
- Effect of project on LWCF purchased recreation resources and opportunities for replacement properties in project area.
- Appraisal procedures, requirements, and approval authorities related to impacted and replacement properties.
- Regulatory compliance needs related to potential replacement sites and who’s responsible for that compliance.
- Special protocol if sponsor owns the potential replacement property (e.g., establish protocol to avoid conflict of interest in considering replacement properties.
If you need a Discipline Report, use the Section 6(f) (PDF 35KB) Discipline Report checklist for general guidance during your review.
Document impacts to farmland
For projects using Federal funding, use the Farmland Assessment Procedure (PDF 172KB) to receive a site or corridor farmland conversion impact rating score from the NRCS. This score is used as an indicator for the project sponsor to consider alternative sites if the potential adverse impacts on the farmland exceed the recommended allowable level.
If the project is a CE, document results in the Environmental Review Summary (ERS) and Environmental Classification Summary (ECS). If an Environmental Assessment (EA) or Environmental Impact Statement (EIS) is required, summarize the results of early consultation with the NRCS and appropriate state and local agricultural agencies where farmlands are directly or indirectly impacted by any alternative. Include a copy of the appropriate NRCS form in an appendix and a map showing the location and type of all farmlands in the project area, and location of impact by alternative. The EA/EIS should discuss alternatives to avoid farmland impacts for any alternative with a score of 160 or greater. If avoidance is not possible, measures to minimize or reduce impacts should be evaluated and included in the proposed action.
Document impacts to land use
Find instructions to analyze the relationship between land use, transportation, and community values to determine land use and transportation context and develop practical, sustainable improvement projects in Design Manual Chapter 1100: Design Process (PDF 562KB).
Since land use often relates to potential indirect and cumulative effects, please see our Cumulative impacts including climate resilience web page for more guidance on how to consider this in the analysis.
Report reviewers can use the Land Use Discipline Report Checklist (PDF 43KB) for general guidance during your review.
Apply for a Wild & Scenic Rivers Determination
For all work in or around a listed river, use the National Wild and Scenic Rivers System Washington State Rivers Inventory list to avoid, minimize, and mitigate adverse effects on WSRA rivers. You do not need a Section 7 determination for work in a candidate river.
Review the Wild and Scenic Rivers Act Compliance for WSDOT Projects (PDF 255KB) guidance document for further direction.
Finalize the Conversion Package for Section 6(f) properties
After NEPA is complete, during right of way acquisition (ROW) acquisition. work with the Project Engineer’s Office (PEO) to request an appraisal of the impacted 6(f) property from Real Estate Services (RES). RES will help you identify replacement sites. The property sponsor will get their own appraisal.
Help the PEO put all the information together for the Conversion Package per the RCO website and submit it to the sponsor. Provide a copy of the signed package from the sponsor to the PEO and RES.
Farmland
The WSDOT Director of Environmental Services must provide written notice to the Governor’s Office at least two weeks prior to filing any formal action to condemn or purchase designated agricultural lands (see Environmental Manual Chapter 455: Land Use and Transportation (PDF 385KB), section 455.04(2)).
Apply for permits
Work with your region or mode’s RES Office to apply for all land use related permits.
Special Use Permit
Contact the USFS ranger station for the forest you are working in for instructions on how to apply for a special use permit. Find additional guidance on the USFS Special Use Permit application website.
Forest Practices Permit
Contact the regional Washington State DNR office and use the instructions and forms on Forest Practices Application Review System website to apply for a Forest Practices Act permit.
Aquatic Use Authorization
Fill out the Joint Aquatic Resource Project Application (JARPA) and JARPA Attachment E from the Office of Regulatory Innovation and Assistance’s JARPA form website for the application for an Aquatic Use Authorization from DNR. Environmental staff typically fill out the application materials and Real Estate Services submits the application package to DNR.
Critical Area Ordinances
Coordinate with the local agency if you think your work may be in a critical area for instructions on how and when to get a permit if you determined work is in a critical area during scoping.
