Alternative Uses of the Highway Right-of-Way Guidance

The Federal Highway Administration (FHWA) has developed guidance for one type of alternative use of the right-of-way (ROW). I.e. providing services for people experiencing homelessness, for which FHWA may approve an alternative use request and Fair Market Value (FMV) exception, provided they comply with safety requirements and FHWA real property management regulations.

In addition, the FHWA outlines the process that FHWA will follow when reviewing requests including:

1) Alternative uses of Federal-aid highway ROW;
2) Exceptions to the FMV requirement, and
3) Alternative uses of Park and Ride lots constructed or acquired with Federal-aid highway funds.

Please refer to the enclosed letter and you may contact Eva-Marie Figlietti with any questions at Eva-Marie.Figletti@dot.ca.gov

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