Notice of Proposed Section 4(f) De Minimis Use Determination
PIN 5764.69 Evans Shoreline Trail, Beaches Section, Phase 4
Town of Evans, Erie County, NY
Notice is hereby given that the Town of Evans, in cooperation with the New York State Department of Transportation (NYSDOT) and the Federal Highway Administration (FHWA), is proposing a transportation improvement project to construct a multi-use trail from AJ Schmidt Elementary School to Evans Town Park.
The project would require the permanent incorporation of approximately 0.12 acres of Evans Town Park into the proposed muti-use trail, constituting a use of Section 4(f) property. The affected area is located on the western side of the park, parallel with the main drive isle/parking area. The proposed work within the park limits will involve installation of a new asphalt shared use path, pavement widening along the park drive, signage, striping, and restoration. Evans Town Park is a publicly owned recreational resource, owned by the Town of Evans, and protected under Section 4(f). The park will remain open and publicly accessible throughout the duration of construction, and the project is not anticipated to adversely affect access to or use of the park’s recreational facilities. Construction is expected to last 6 months. Traffic impacts within the park are not anticipated.
Pursuant to Section 4(f) of the U.S. Department of Transportation Act of 1966 (23 CFR Part 774), the Federal Highway Administration (FHWA) is conducting a de minimis evaluation. The use of the identified recreational resource is considered minor and will not affect the features, attributes, or activities that qualify for protection under Section 4(f). The Town of Evans has preliminarily agreed that the project will not adversely affect the park.
The Town of Evans is the owner and official with jurisdiction over Evans Town Park. Following consideration of public comments received through this notice, the Town Supervisor will be asked to concur in writing that the project will not adversely affect the activities, features, or attributes that qualify Evans Town Park for Section 4(f) protection. FHWA will consider the public comments and the Town’s written concurrence before making its final Section 4(f) determination.
Public Review and Comment:
The public is invited to review the project plans regarding this proposed determination. Plans are available for review online at https://townofevansny.gov/docs/planning-department/shoreline-trail/
The Town of Evans is seeking public comments regarding the proposed use of the park and Section 4(f) de minimis determination. Comments must be submitted in writing by September 25, 2026 to William Smith, Director of Planning and Community Development, at wsmith@townofevans.org.