SCDOT advances toward National Environmental Policy Act (NEPA) Assignment for accelerated project delivery
July 1, 2026
With a mandate to accelerate project delivery from the General Assembly after Governor Henry McMaster signed the SCDOT Modernization Act, the South Carolina Department of Transportation (SCDOT) took the first step today to pursue National Environmental Policy Act (NEPA) Assignment.
With portions of the SCDOT Modernization Act becoming effective on July 1, the department is quickly moving forward on delivering the promise of the SCDOT Modernization Act.
Federal law allows states to assume the Federal Highway Administration’s (FHWA) environmental review responsibilities through NEPA Assignment. The SCDOT Modernization Act specifically gave SCDOT the authority to pursue NEPA Assignment as a means to accelerate project delivery.
The letter sent to FHWA by Secretary of Transportation Justin Powell begins the process certifying SCDOT to assume the federal government’s environmental review responsibilities. SCDOT anticipates a 12-to-18-month process to complete FHWA’s certification process.
“The General Assembly’s leadership will pay dividends for years to come,” said Secretary Powell. “The SCDOT Modernization Act positions South Carolina to take greater control of delivering critical infrastructure projects more efficiently, while also allowing South Carolinians to consider protecting what makes South Carolina so special and unique.”
SCDOT is requesting authority to assume FHWA’s responsibilities under NEPA, the National Historic Preservation Act (NHPA), and the Federal Endangered Species Act (ESA). By eliminating the need for FHWA approval at each step of project development, the program will significantly reduce review times, reduce costs, and move projects from planning to construction faster. At the same time, decisions are still held to the same environmental standards and requirements.
Powell added, “When I’ve talked with my colleagues in other states, they have seen projects speed up by months and years because the state can control its destiny instead of waiting for somebody in Washington to make a decision.”
To maintain accountability and transparency, the SCDOT will publish a comprehensive NEPA Manual within one year of joining the program and issue regular reports to the public showing the program’s effectiveness, time savings and financial impacts.
Prior to submitting the application, a legal opinion from the Attorney General’s Office was required to demonstrate SCDOT is legally allowed to pursue NEPA Assignment.
Powell stated, “I want to thank Attorney General Alan Wilson and his team for their quick action. This allows SCDOT to immediately begin reducing unnecessary burdens the moment the law went into effect.”
Once the process is complete, South Carolina will be among several other states participating in the NEPA Assignment Program including Florida, Arizona, Utah, Texas, Ohio, Nebraska, Maine and Alaska.
About SCDOT
The South Carolina Department of Transportation (SCDOT) is the state agency with oversight of South Carolina’s network of highways and bridges, including responsibilities such as planning, design, construction, financing, and roadway safety. To ensure the nation’s fourth-largest highway system is prepared to serve the needs of South Carolina’s growing economy and population, SCDOT has developed a Strategic 10-Year Plan that addresses improvements to the state’s highway and bridge systems. Learn more at scdot.org.
