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41 In Georgia, the state Department of Transportation D. Design and Maintenance Guidance for is tasked with designating bikeways that are publicly Bikeways owned and maintained.526 Bikeways are "paved paths, The AASHTO Guide, supra, provides an overview of ways, or trails designated and signed as bicycle routes the planning considerations for bicycles, discusses facil- and located in urban, suburban, or rural areas."527 Local ity improvements and the factors to consider, provides governing authorities determine bikeway routes within guidelines for the construction or improvement of high- their jurisdiction, but the state transportation depart- ways for the accommodation of bicycles or the construc- ment must approve the routes.528 As an alternative to tion or improvement of bicycle facilities, and makes determinations by local governing authorities, the recommendations for the operation and maintenance of transportation department is authorized to construct bicycle facilities.537 The AASHTO Guide states clearly bikeways after a determination by the state's Depart- that the guidelines are not intended to be "strict stan- ment of Natural Resources.529 A local governing author- dards." ity or private association may construct a bikeway in the state as long as property is not acquired by eminent This guide provides information to help accommodate bi- cycle traffic in most riding environments. It is not in- domain.530 tended to set forth strict standards, but, rather, to pre- In Ohio, the responsibility for all on-road bicycle fa- sent sound guidelines that will be valuable in attaining cilities belongs to the local public agency except for bike good design sensitive to the needs of both bicyclists and 531 lanes on state highways in rural areas. other highway users. However, in some sections of this As for cities and counties, Denver, Colorado, has a guide, design criteria include suggested minimum guide- Bicycle Master Plan that provides an in-depth analysis, lines. These are recommended only where further devia- identification, and review of its local bikeways.532 Den- tion from desirable values could result in unacceptable 538 ver's bikeway policy is influenced by Denver's Strategic safety compromises. Transportation Plan.533 The Denver Planning Board There may be special statutory provisions applicable 534 undertakes the process for designating bikeways. A to bikeways in a state's motor vehicle or highway 25-member Bicycling Advisory Committee meets code.539 For example, in California, three provisions in monthly to "oversee the implementation of the Denver the Streets and Highway Code are applicable to grates Bicycle Master Plan"; works with the city to develop and bicycles. Section 161 provides that "[o]n construc- engineering standards for street, roadway, and trail tion projects, the department shall install on the sur- designs to accommodate bicycles; and reviews roadway face of state highways upon which the operation of bicy- and trail projects.535 cles is permitted only those types of grates which are Phoenix, Arizona, has a system of about 651 mi of 540 not hazardous to bicycle riders." With respect to coun- bike routes and on-street bike lanes, as well as street ties, the code provides that only those types of grates designations on maps for bicycles.536 Phoenix advised that are not hazardous to bicycle riders are to be in- that rather than having laws and regulations applicable stalled on county highways on which bicycles are per- to bikeway designation, it has a Traffic Operations mitted.541 A similar provision applies to cities.542 Handbook for the designation of bicycle facilities. Massachusetts advises that its guidelines for bicycle accommodations are covered by the 2006 Massachusetts Highway Department Project and Development Design Guide and the 1999 AASHTO design guidelines for bi- cycle accommodation. In Massachusetts, the Bicycle and Pedestrian Accommodation Engineer is a member 526 of the Design Exception Review Committee. This com- GA. CODE ANN. 12-3-114(1)(G) (2009). mittee is composed of representatives from all sections 527 Id. of the Massachusetts Highway Department, with each 528 Id. member bringing his or her expertise to the committee. 529 Id. 12-3-115(a) (2009). The committee reviews and makes recommendations for 530 Id. 12-3-115(b) (2009). all projects that do not meet minimum design criteria or 531 WASH. STATE DEP'T OF TRANSP., DESIGN MANUAL M 22- requirements. 01, (2001), available at Engineering Publications. 537 532 City of Denver--Bicycle Transportation, available at AASHTO Guide, supra note 3, at 1. 538 AASHTO Guide, supra note 3, at 2. Update/tabid/378656/Default.aspx. 539 See, e.g., CAL. VEH. CODE 21200-21212. 533 Id., available at 540 CAL. STS. & HY. CODE 161. 534 Id., available at 541 Id. 906.5. 542 Id. 1805.5 (requiring that in construction contracts, 535 Id., available at "the legislative body of a city shall install on the surfaces of _Commissions/BoardsandCommissions/ city streets upon which the operation of bicycles is permitted BoardsandCommissions4/tabid/378947/Default.aspx. only those types of grates which are not hazardous to bicycle 536 On-street marked bike lanes total 379 of these miles. riders").