Social & Cultural Office, Historic Preservation Section
James K. Polk Building, Suite 900
505 Deaderick St.
Nashville, Tennessee 37243-0334
Martha Carver, Historic Preservation Program Manager
Section 4(f) of the U.S. Department of Transportation Act of 1966 prohibits the Secretary of Transportation from approving any project that requires the “use” of a historic property unless there is no prudent and feasible alternative to that use and unless the project includes all possible planning to minimize harm to the historic resource.
Section 4(f) and Section 106 overlap in the documentation provided to the public. The consent of neither the State Historic Preservation Office nor the Advisory Council on Historic Preservation is necessary for the Federal Highway Administration (FHWA) to approve a Section 4(f) use, but FHWA considers comments from these agencies. Visit www.fhwa.dot.gov for additional information.
As a result of this stringent law, TDOT places great emphasis on shifting project alignments to avoid the “use” of any historic property. This includes actual right-of-way takes, and under certain circumstances, temporary and permanent easements.