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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.