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(1) a shared facility whereby both vehicles and bicycles C. Responsibility for Designating Bikeways
may operate on the through lanes, parking lanes or
shoulders of a street or highway, (2) a pathway on a
In California, local authorities, such as a city,
street or highway right-of-way, on public land other than county, or other local agency, may be expressly author-
a street or highway right-of-way, or on lands not owned ized by the state to establish bikeways and to acquire
by a municipality, local unit of government, county, or the the land necessary to establish bikeways.515 In addition,
State of Illinois or one of its agencies or authorities by California
agreement with the owner for a minimum duration of 20 does not prohibit local authorities from establishing, by
510
years. ordinance or resolution, bicycle lanes separated from any
In California the state transportation law defines a vehicular lanes upon highways, other than state high-
bikeway as all facilities that provide primarily for bicy- ways as defined in Section 24 of the Streets and High-
cle travel and establishes three categories of bikeways. ways Code and county highways established pursuant to
Article 5 (commencing with Section 1720) of Chapter 9 of
(a) Class I bikeways, such as a "bike path," which provide Division 2 of the Streets and Highways Code.
516
a completely separated right-of-way designated for the
exclusive use of bicycles and pedestrians with crossflows By statute, California required that
by motorists minimized. [t]he Association of Bay Area Governments shall develop
and adopt a plan and implementation program, including
(b) Class II bikeways, such as a "bike lane," which provide
a financing plan, for a continuous recreational corridor
a restricted right-of-way designated for the exclusive or
which will extend around the perimeter of San Francisco
semiexclusive use of bicycles with through travel by mo-
and San Pablo Bays. The plan shall include a specific
tor vehicles or pedestrians prohibited, but with vehicle
route of a bicycling and hiking trail, the relationship of
parking and crossflows by pedestrians and motorists per-
the route to existing park and recreational facilities, and
mitted.
links to existing and proposed public transportation fa-
517
(c) Class III bikeways, such as an onstreet or offstreet cilities.
"bike route," which provide a right-of-way designated by The California Department of Transportation coop-
signs or permanent markings and shared with pedestri- erates with county and city governments to establish
511
ans or motorists.
bikeways and to "establish minimum safety design cri-
According to Minnesota's Bikeway Facility Design teria for the planning and construction of bikeways and
Manual, 518
roadways where bicycle travel is permitted." Mini-
[b]ikeways include both on-road and off-road facilities, in- mum safety design criteria include "the design speed of
cluding bike lanes, paved shoulders, shared lanes, wide the facility, minimum widths and clearances, grade,
outside lanes, and shared use paths. Bike lanes, paved radius of curvature, pavement surface, actuation of
shoulders, and wide outside lanes allow bicyclists and automatic traffic control devices, drainage, and general
motorists to operate parallel to each other in the roadway, safety."519 A city or county may prepare a bicycle trans-
maintaining a separation, without requiring motorists to
512 portation plan and submit it to the applicable county
change lanes to pass bicyclists.
transportation authority.520 The authority then may
In sum, there are four basic types of bicycle facilities: submit an approved plan to the state transportation
shared roadways (no bikeway designation) on which department and also may seek matching funds from the
there is bicycle use on the existing street system with- state to develop a city or county bikeway.521 The law
513
out signing or striping for said use; signed, shared requires that a city or county provide 10 percent of the
roadways, which are designated bicycle routes and pro- project's total cost.522
vide continuity to other bicycle facilities (such as bicycle 523
Under the Illinois Bikeway Act, the state Depart-
lanes), or the signage designates the preferred route ment of Transportation, whose annual appropriation is
through a transportation system; bike lanes, which may to "include funds for the development of bicycle paths
be striped; and shared use paths.514 524
and a State-wide bikeways program," is principally
responsible for designating bikeways in cooperation
with units of local government.525
510
605 ILL. COMP. STAT. 30/2(a).
515
511
CAL. STS. & HY. CODE § 890.4 (2009). CAL. STS. & HY. CODE § 891.8 (2009).
516
512
MINN. DEP'T OF TRANSP., BIKEWAY FACILITY DESIGN CAL. VEH. CODE § 21207 (2009).
517
MANUAL, ch. 3 (General Design Factors), at 60, available at: CAL. PUB. RES. CODE § 5850 (2009).
518
http://www.dot.state.mn.us/bike/pdfs/Chapter%203%20General CAL. STS. & HY. CODE § 890.6 (2009).
%20Design%20Factors%20Bw.pdf. 519
Id
513
Ohio Department of Transportation Design Guidance for 520
Id. § 891.4(a) (2009).
Roadway-Based Bicycle Facilities (Oct. 2005), found through 521
Id.
http://www.dot.state.oh.us/Services/Pages/Bike.aspx. According 522
to the Ohio Department of Transportation, wide curb lanes Id. § 891.4(b) (2009).
523
perform well as shared roadways since motorists are able to 605 ILL. COMP. STAT. 30/1 (2009).
524
pass bicyclists without crossing the center line. 605 ILL. COMP. STAT 30/3 (2009).
514 525
Id. 605 ILL. COMP. STAT 30/4 (2009).