Reconciling Transportation Corridor Preservation and National Environmental Policy Act Process: Evaluation of North Carolina Phased Environmental Approach

In recent years, transportation agencies have become increasingly interested in using corridor preservation to protect future highway locations from development. However, the preparation of National Environmental Policy Act (NEPA) documents in the late stages of the transportation planning process makes uses of these measures difficult. In an attempt to make the corridor preservation and NEPA processes more compatible, the North Carolina Department of Transportation and FHWA have developed the phased environmental approach, an environmental review process that allows early selection of highway location and makes the use of protection techniques feasible and effective. Although the phased approach has been used in several pilot projects and is intended to become a part of the state’s standard planning process, the procedure’s compliance with the requirements of NEPA has not been evaluated. The compliance of the phased environmental approach with NEPA is examined. Several disparities are identified that place the new procedure in violation of the statute. Considering these problems, three options for modifying the phased approach to provide for compliance with NEPA are identified. These options are compared on the basis of their capacity to provide those benefits offered by the phased approach. A tiered environmental impact statement (EIS) is determined to be the best alternative to the phased environmental approach. This option provides the same benefits as the phased approach while remaining consistent with NEPA. Although several potential problems have been cited regarding the practicality of using a tiered EIS in transportation projects, these concerns may not apply in many cases.