Parks and recreation areas are among the three basic types of resources protected by Section 4(f). If you answer yes to all of the following questions, you're probably dealing with a Section 4(f) park or recreation area:
Are you impacting property that is publicly owned?
This refers to property that is owned/operated by a public entity. In addition, if a public/governmental body has a legal or proprietary interest in the land such as fee ownership or easements (a public perpetual conservation easement, drainage easement, wetland easement, etc.), it can still be considered publicly owned.
Is the property open to the public?
Public use entails visitation for more than a select group of the public at any time during normal hours of operation.
Is the property’s major purpose for park or recreation activities?
Recreation refers to typical outdoor activities (walking, hiking, bird watching, etc.), as well as organized sports (soccer, softball, etc.) 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, formally consult with the “officials with jurisdiction” over the land, and document these findings/consultations. 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.
Is the property significant as a park or recreation area?
Significance means that in comparing the availability and function of the resource with the recreational, park, and refuge objectives of that community, the resource in question plays an important role in meeting those objectives. If a determination from the official with jurisdiction cannot be obtained, the Section 4(f) land will be presumed to be significant. All determinations (whether stated or presumed) are subject to review by FHWA for reasonableness.