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39 and maintenance guidance for bikeways; whether pub- bridge projects. All projects have the same review proc- lic entities have had litigation over their decisions ess as outlined in the Project and Development Design whether to designate bikeways; public entities' experi- Guide. Final approval may be given at the 25 percent ence with tort liability and bikeways; and public enti- Design Stage; no further review is required unless there ties' recommendations for localities that are considering is a change in the scope of the project. bikeways. The Minnesota Department of Transportation Some states have enacted a bikeway or bicycle (MnDOT) advised that in Minnesota a bicycle is a le- transportation act.498 In Illinois, the legislature has rec- gally recognized vehicle and its use is restricted only in ognized that there is an "urgent need for safe bikeways" specific circumstances. MnDOT reported that it was for both children and adults for transportation and for unaware of the denial of any formal request for the des- exercise and recreation," and a need "to coordinate ignation of a bikeway. plans for bikeways most effectively with those of the North Carolina has laws and policies regarding the State and local governments" by way of "a single State designation of bikeways505 and has been involved in des- agency, eligible to receive federal matching funds."499 ignating them.506 The Illinois Department of Transportation is responsi- According to the Washington State Department of ble for developing and coordinating a state-wide bike- Transportation (WSDOT), most bicycle travel occurs on ways program and officially designates bikeways highways and streets without a bikeway designation. In throughout the state.500 Washington, the streets are considered to be adequate In Maryland, the Department of Transportation has for safe and efficient bicycle travel; special signing and been involved through one of its modal administrations, pavement markings for bicycles are deemed unneces- the State Highway Administration,501 in designating 507 sary. However, in King County, Washington, the bikeways, including bicycle lanes on streets and high- county has both approved and denied requests to desig- ways.502 nate bike lanes on its roadways. Massachusetts law requires the Massachusetts In Boulder County, Colorado, on-street bikeways and Highway Department to take all reasonable provisions road shoulders are an integral part of Boulder County's for the accommodation of bicycle and pedestrian uses in transportation system.508 However, Boulder County does the planning, design, construction, reconstruction, or not designate bikeways or bicycle lanes on streets or maintenance of any projects it undertakes.503 Massachu- highways, although it does provide a map of on-street setts reports that each project funded by state or federal bikeways and other information at boulder- funds is subject to review by the Massachusetts High- county.org\transportation\bikeways. As a matter of way Department Bicycle and Pedestrian Accommoda- policy, the Boulder County Transportation Department 504 tion Engineer. It is the Engineer's responsibility to adds shoulders for bike use to all roads receiving a make certain that bicycles traveling on streets and pavement overlay if that road has historically experi- highways are accommodated to the best extent possible. enced significant bike use. The county currently has 43 In 2009, 116 projects had been reviewed for bicycle ac- mi of shoulder improvements and plans another 39 mi. commodations. In 2008, 156 projects were reviewed for bicycle accommodations. Although projects consist of B. Types of Bikeways bike paths, shared use paths, and roadway or bridge A bikeway is a generic term for any road or path that projects, the majority of the projects were roadway and is specifically designated in some manner and open to bicycle travel, regardless of whether such facilities are 509 498 for the exclusive use of bicycles. A designated bikeway See, e.g., Illinois (605 ILL. COMP. STAT. 30/0.01, et seq.) may be used for recreational or commuting purposes. (Bikeway Act) and California (CAL. STS. & HW. CODE 890 894.2) (California Bicycle Transportation Act). Legislation may classify bikeways; for example, in Il- 499 linois a bikeway is defined as 605 ILL. COMP. STAT. 30/1. 500 605 ILL. COMP. STAT 30/2(a). 505 501 Information supplied by the Maryland Attorney Gen- http://www.ncdot.org/transit/bicycle/laws/laws_ eral's Office. bikewayact.html; http://www.ncdot.org/transit/bicycle/laws/ 502 The Maryland Attorney General's Office advised that in laws_bikepolicy.html; http://www.ncdot.org/transit/bicycle/ Maryland the authority for designating bikeways and bicycle laws/laws_resolution.html; http://www.fhwa.dot.gov/ lanes includes: MD. CODE ANN. 2-602 (transportation arti- environment/bikeped/design.html. 506 cle) and 21-101(c), (d), and (e) (defining bicycle path, bicycle Information supplied by the North Carolina Department way, and bike lane); the Maryland Department of Transporta- of Transportation's Office of General Counsel. See tion's 20-year Bicycle and Pedestrian Access Master Plan (Goal http://www.ncdot.org/transit/bicycle/projects/highlights/projects No. 1); 2007 Bicycle and Pedestrian Guidelines; and Perform- _highlights_intro.html. 507 ance Measure 16 of the State Highway Administration's Fiscal WASH. STATE DEP'T OF TRANSP., DESIGN MANUAL M 22- Year 200811 Business Plan (Objective 2.3). 01, at 1020-4 (2001), available at 503 MASS. GEN. LAWS ch. 90 2A. http://www.wsdot.wa.gov/fasc/Engineering Publications. 508 504 Information supplied by the Executive Office of Trans- Information supplied by the Boulder County Attorney's portation Public Works, Massachusetts Highway Department, Office. 509 Boston, Mass. AASHTO Guide, supra note 3.