In order to avoid development of properties within planned rights-of-way, local, regional, and state planning entities must find ways to protect key sections of planned corridors until construction is set to begin, without contravening the requirements of either National Environmental Policy Act of 1969 (NEPA) or the Federal Highway Administration (FHWA). This can include finding ways to preserve the corridor without acquiring properties, such as exercising police power or reaching agreements with property owners. Alternatively, the planning entities can find ways to acquire key properties within the parameters of NEPA.

Whether corridor preservation occurs through acquisition in accordance with NEPA requirements, or through methods that are not restricted by NEPA, it is key to avoiding the environmental and capital costs of delaying any control over the planned corridor until NEPA approvals are completed. While corridor preservation is not appropriate or necessary in all cases, it is crucial along corridors that are likely to experience significant development pressure in the near future. However, there may be instances in which a high level of controversy over a proposed improvement makes preservation efforts too contentious to be undertaken.

Preservation of the land needed for transportation improvements can only be achieved if local, regional, and state planning agencies work very closely together to identify threats to planned rights-of-way and find solutions to them. Agencies should aggressively pursue communication, coordination, and cooperation within each agency, among the agencies, and with property owners. State, regional, and local entities may foster coordination by incorporating tools such as memoranda of understanding into their planning processes, ensuring that all parties with interest in a corridor are united in their efforts to preserve it.

View the Corridor Preservation Report (176 KB).