Environmental Stewardship

The Environmental Stewardship Section at DelDOT works to achieve the Department's goal of minimizing the environmental impacts of the state's transportation system. The section ensures that DelDOT projects and maintenance activities account for and take actions that protect, restore, and enhance the natural and cultural environment.

NEPA

All DelDOT projects that use federal funding are required to comply with the National Environmental Policy Act (NEPA). Projects are reviewed for impacts to the natural, cultural, and social environment. Documentation is produced to help ensure that we consider the environmental impacts of our projects during the plan development process.

EAs and EISs:

NEPA evaluations for transportation projects can result in Environmental Assessment (EA) and Environmental Impact Statement (EIS) level projects. EAs are prepared when it is uncertain whether there will be significant impacts. The EA helps answer questions and document the analysis of the project and its effects. EISs are prepared for projects that have significant environmental impacts and include a range of reasonable alternatives. There are few, if any, EA or EIS level DelDOT projects each year.

PA for CEs:

Categorical Exclusions (CE) are a category of actions which do not individually or cumulatively have a significant effect on the human environment. For projects classified as CEs, DelDOT and the Federal Highway Administration (FHWA) have established a Programmatic Agreement (PA). The Delaware PA for Categorical Exclusions, which was executed on October 12, 2023, establishes the process for documenting CEs for federal-aid highway projects. The PA streamlines projects with minimal environmental impacts by allowing DelDOT to determine and document whether these projects qualify for a CE on behalf of FHWA.

Noise

• DelDOT Noise Policy

Noise is an important consideration in the development of federal-aid projects. DelDOT has developed a noise policy that requires the evaluation of highway traffic noise impacts and, where applicable, mitigation to potentially reduce highway traffic noise levels. More information about how noise is taken into consideration during project development can be found here.

Section 4(f) & Section 6(f)

Section 4(f) of the USDOT Act states that FHWA may not approve the use of a Section 4(f) property, unless there is no feasible and prudent alternative and the project includes all possible planning to minimize harm OR the use is determined to only have a de minimis impact on the Section 4(f) resource. Section 4(f) resources include:

• Publicly-owned parks
• Recreation areas
• Wildlife and waterfowl refuges
• Historic sites

Section 6(f) of the Land and Water Conservation Fund Act (LWCFA) requires the replacement of property for property used via a fee simple or permanent easement. Section 6(f) properties are those purchased or improved with LWCFA funds.

The Environmental Stewardship Section works to ensure that impacts to Section 4(f) and 6(f) properties are avoided, minimized, and mitigated for where applicable.

EJ and Title VI

Environmental Justice: A 1994 Presidential Executive Order directed every federal agency to make environmental justice part of its mission by identifying and addressing the effects of all programs, policies, and activities on "minority populations and low-income populations." The USDOT's environmental justice initiatives accomplish this goal by involving the potentially affected public in developing transportation projects that fit harmoniously within their communities without sacrificing safety or mobility.

Title VI: Title VI states that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.

Environmental Justice, Title VI, and other non-discrimination laws are not new concerns. Today, because of the evolution of the transportation planning process, they are receiving greater emphasis. Effective transportation decision-making depends on understanding and properly addressing the unique needs of different socioeconomic groups. These laws protect diverse segments of the population which have been traditionally underserved within the transportation decision-making process.

Public Involvement

The FHWA requires that each state have approved procedures to carry out public involvement/public hearing programs. DelDOT strives to provide for early and continuing opportunities for public involvement during project development. For federal-aid projects, public workshops are held where individuals can vote on project alternatives and express concerns about potential environmental and social impacts. Subscribe to public workshop notifications for your county here.

Guidance Documents

• Purpose & Need Statements
• Section 4(f) and 6(f)
• Categorical Exclusion (CE) and Programmatic CE Evaluations
• NEPA Re-evaluations for CEs
• Section 106
• Rare, Threatened, and Endangered Species