Programmatic Agreement Between the Federal Highway Administration, New Hampshire Division and the New Hampshire Department of Transportation Regarding the Processing of Actions Classified as Categorical Exclusions
Effective April 28, 2026 the Federal Highway Administration approved a new Programmatic Agreement Between the Federal Highway Administration (FHWA), New Hampshire Division and the New Hampshire Department of Transportation (NHDOT) Regarding the Processing of Actions Classified as Categorical Exclusions (CEs). The Programmatic Agreement is the document that authorizes NHDOT to process many actions classified as categorical exclusions under the National Environmental Policy Act (NEPA) on behalf of FHWA.
Changes with the new Programmatic Agreement include:
- Additional categorical exclusions specifically for NH (Appendix B),
- Links to cited regulations, as well as other helpful documents (Appendix C), and
- A new NEPA Categorical Exclusion Determination Form that is Americans with Disabilities Act (ADA)/digitally accessible (Appendix D).
Any Programmatic CEs not yet submitted to NHDOT, or that were previously submitted to NHDOT for approval, but that have not been fully executed, shall be required to use the new Categorical Exclusion Determination Form.
The new form and Programmatic Agreement are (or very shortly will be) available on the NHDOT webpage here: https://www.dot.nh.gov/projects-plans-and-programs/programs/environmental-management-system/project-management-section. In the interim, you may reach out to Kevin Nyhan, as listed below.
Please direct any questions or comments to either:
- Jonathan Evans, Project Management Section Chief (Jonatha.a.evans@dot.nh.gov), or
- Kevin Nyhan, Bureau of Environment Administrator (Kevin.t.nyhan@dot.nh.gov).



